WEBSITE TERMS & CONDITIONS OF USE
Welcome to the logmaxdealers.com website (the "Website"), provided and operated by Log Max, Inc. ("Log Max"). Log Max limits access to and use of the Website only to businesses ("Business Users") that have an active distributorship agreement with Log Max or that are authorized customers of Log Max. These Website Terms & Conditions of Use ("Terms & Conditions") govern the use of the Website by all Business Users and by you ("You").
Your use of the Website (a) constitutes Your acceptance of these Terms & Conditions individually and on behalf of the Business User, (b) is Your confirmation that You are duly authorized by the Business User and have the authority to bind the Business User, and (c) is Your acknowledgement that You have read, understood, and agree to be bound by these Terms & Conditions. These Terms & Conditions are a binding contract between Log Max, the Business User, and You.
These Terms & Conditions are subject to change by Log Max at any time in its discretion. Your use of the Website after the changes are implemented constitutes Your acceptance of the changes. Please consult these Terms & Conditions regularly. These Terms & Conditions were last updated June 13, 2011.
You have a non-exclusive, non-transferable, limited, and revocable right to use the Website solely for a Business User's lawful and legitimate business and informational use. Neither You nor the Business User will use the Website for any other purpose without Log Max's express prior written consent. Subject to these Terms & Conditions, Log Max will permit Your use of the Website.
You will select a user name ("Login ID") and a password ("Password") for Your exclusive use in accessing the Website and will notify Log Max of Your choice of Login ID and Password. You may use the Login ID and Password, which are associated with the Business User, only for accessing the Website on behalf of the Business User.
Neither You nor the Business User will disclose Your Login ID or Password to, or permit use of the Website by, any other person. You will take the steps that are necessary to ensure that You keep Your Login ID and Password confidential and will not disclose Your Login ID or Password to any person or entity, including other agents of the Business User. You will immediately notify Log Max in writing of any unauthorized use of Your Login ID, a Password, or the Website, or any other breach of security.
You and the Business User fully assume and agree to bear and be responsible for all risks arising out of the use of the Website by You, other agents of the Business User, and any other person using a Login ID or Password associated with the Business User. If You access the Website with a Login ID and Password associated with a Business User without the Business User's authorization, You fully assume and agree to bear and be responsible for all risks arising out of the use of the Website by You.
Log Max reserves the right at any time in its sole discretion to modify or discontinue the Website, modify or discontinue any information or other content accessible within the Website (the "Content"), or terminate the Your Password and Login ID, for any reason or no reason.
The prices of, and the quantities and availability of, Log Max's goods and services identified in the Website and otherwise are subject to change without notice. All transactions in goods and services between Log Max, the Business User, and/or You are subject to Log Max's standard terms and conditions of sale, as in effect from time to time, including warranties and remedies, if any.
You and the Business User acknowledge and agree that (a) the Content is the proprietary information of Log Max and its content providers, and (b) Log Max and its content providers retain all right, title, and interest in the Content. Accordingly, neither You nor the Business User will reproduce, transmit, publish, or distribute the Content to any third party without the express written consent of Log Max or the applicable content provider except that You may print out a copy of Content solely for the Business User's lawful and legitimate business use. In doing so, neither You nor the Business User will remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content.
You and the Business User will not, and will not authorize any other person to, (a) co-brand the Website or portion thereof, or (b) frame the Website or portion thereof (whereby the Website or portion thereof will appear on the same screen with a portion of another website). "Co-branding" means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner reasonably likely to give another user the impression that any other party has the right to display, publish, or distribute the Website or the Content. You and the Business User agree to cooperate with Log Max in causing any unauthorized co-branding, framing, or linking to immediately cease.
All Content is the exclusive property of Log Max or others, and protected by U.S. and international copyright laws. Log Max authorizes You to view and download the Content only for the Business User's internal business use as a customer of Log Max, provided that You retain all copyright and other proprietary notices included in the original Content on any copies of the Content. Content may not be modified in any way or reproduced or publicly displayed or distributed or otherwise used for any public or commercial purpose (other than commercial purposes consistent with the Business User's internal business use as a customer of Log Max). For purposes of these Terms & Conditions, any use of the Content on any other website or networked computer environment for any purpose is prohibited.
The trademarks, website marks, and logos ("Trademarks") used and displayed on the Website are registered and unregistered Trademarks of Log Max and others. Nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Website without the written permission of the Trademark owner.
You will have access to a variety of sources of content through the Internet. Log Max makes no effort to verify the accuracy or suitability of any information included in any such sources. Accordingly, Log Max will have no liability or responsibility whatsoever for any content included within any such sources. You access, use, and rely upon that content at Your own risk. You understand further that the Internet includes unedited materials, some of which are sexually explicit or may be offensive. You access those materials at Your risk. Log Max has no control over and accepts no responsibility whatsoever for those materials.
You understand that, except for information, products, or services clearly identified as being supplied by Log Max, Log Max does not operate, control, or endorse any information, products, or services on the Internet in any way. You also understand that Log Max cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of infection or viruses, worms, Trojan horses, or other code that manifest contaminating or destructive properties. You are is responsible for implementing sufficient procedures and checkpoints to satisfy Your and the Business User's particular requirements for accuracy of data input and output, and for maintaining a means external to the Website for the reconstruction of any lost data. Log Max does not assume any responsibility or risk for Your or the Business User's use of the Internet.
Log Max expressly disclaims any and all warranties with respect to any Content, express or implied, including any implied warranty of merchantability, fitness for a particular purpose, title, or non-infringement.
Log Max, its licensors, service providers, content providers, employees, agents, officers, and directors will not be liable for any incidental, indirect, consequential, or special damages, including loss of revenue or income, pain and suffering, emotional distress, or similar damages, even if Log Max has been advised of the possibility of such damages. In no event will the collective liability of Log Max and its licensors, service providers, content providers, employees, agents, officers, and directors to any party (regardless of the form of action, whether in contract, tort, or otherwise) exceed the amount You or the Business User has paid to Log Max for the applicable Content or service out of which liability arose.
You and the Business User will jointly and severally indemnify and hold Log Max, its licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the "Indemnified Parties") harmless from any breach by You or the Business User of these Terms & Conditions, including any use of Content other than as expressly authorized in these Terms & Conditions. You and the Business User agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and agree jointly and severally to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees of the Indemnified Parties in connection therewith. You and the Business User will also jointly and severally indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of Your and the Business User's use of the information accessed from the Website.
Information posted at any time on any blogs, forums, bulletin boards, or similar portions of the Website ("Forums") is supplied by third parties and other users unless Log Max or its authorized representative identifies itself as the content poster. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties or any other user are those of the respective author(s) and not of Log Max. Neither You nor the Business User will post any of the following material in any Forum:
Log Max reserves the right to monitor Forums to determine compliance with these Terms & Conditions, as well the right to remove or refuse to post any posting, including any of the above postings upon discovery thereof. Notwithstanding these rights, You and the Business User remain solely responsible for the content of its postings. You and the Business User acknowledge and agree that neither Log Max nor any third-party content provider will assume or have any liability for any action or inaction by Log Max or any third-party content provider with respect to any posting on the Forums. Neither You nor the Business User will (a) select or use a member name or e-mail address of another person with the intent to impersonate that person, (b) use a user name or e-mail address subject to the rights of any person without authorization, (c) use a member name in violation of the intellectual property rights of any person, or (d) use a member name that Log Max, in its sole discretion, deems offensive.
Further, You and the Business User hereby grant to Log Max the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any message posted in Forums (in whole or in part) worldwide or to incorporate any message in other works in any form, media, or technology now known or later developed.
Any claim relating to, and the use of, the Website and the Content are governed by and construed in accordance with the law of Washington (regardless of rules of conflicts of law) and applicable federal law. If any provision of these Terms & Conditions is declared by a court to be invalid, illegal, or unenforceable, the provision will be deemed severable from these Terms & Conditions, and the other provisions will remain in full force and effect. The failure of Log Max to exercise or enforce any right or provision of these Terms & Conditions will not constitute a waiver of the right or provision. Log Max reserves the right to disclose any information, including registration data, in order to comply with any applicable law and/or requests under legal process. The provisions of Log Max's Privacy Policy are incorporated herein by reference.
Copyright 2011, Log Max, Inc.