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1. OWNERSHIP
This web site and all services provided via the atoblogic.com domain name, (referred to hereinafter as "Services"), are wholly owned by A to B Logic, LLC, (referred to hereinafter as "Company", "we", "us", or "our").
a)The following Marks and/or registered Marks are used to identify the products and services of Company:
A to B Logic ™ (Word and Mark)
Get organized, and never lose track of an item.SM
2. ACCEPTANCE OF TERMS & CONDITIONS
Company provides a collection of online Services that include user interaction (which may include electronic mailing), information posting, various forms of advertising and information storage subject to the following Terms of Use ("TOU"). By using the Services in any way, you are agreeing to comply with the TOU. In addition, when using particular Services, you agree to abide by any applicable posted guidelines for all Services, which may change from time to time. Should you object to any term or condition of the TOU, any guidelines, or any subsequent modifications thereto or become dissatisfied with the Services in any way, your only recourse is to immediately discontinue use of the Services.
3. MODIFICATIONS TO THIS AGREEMENT
Company reserves the right, at its sole discretion, to change, modify or otherwise alter these terms and conditions at any time.
4. USERSHIP
Company reserves the right to refuse service unconditionally.
5. CONTENT
You understand that all postings, advertisements, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Services, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item ("Item") of Content that you post, email or otherwise make available via the Services. You understand that Company does not completely control, and is not responsible for Content made available through the Services, and that by using the Services, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the Content available through the Services may contain links to other websites, which are completely independent of Company. Company makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other web sites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will Company be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. Company, shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Services, for violating the letter or spirit of the TOU or for any other reason.
6. THIRD PARTY CONTENT, SITES, AND SERVICES
The capabilities and Content available through the Services may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of Company, including web sites, directories, servers, networks, systems, information and databases, electronic files, applications, software, programs, products or services, and the Internet as a whole.
Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
You agree that Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Company is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Company, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or its Services. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
7. NOTIFICATION OF CLAIMS OF INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify Company's agent for notice of claims of copyright or other intellectual property infringement ("Agent"), at
abuse@atoblogic.com
Please provide our Agent with the following Notice:
a) Identify the material that you claim is infringing, with enough detail so that we may locate it;
b) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
c) A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
d) Your address, telephone number, and email address; and
e) Your physical or electronic signature.
Company will remove the infringing posting(s), subject to the procedures outlined in the Digital Millenium Copyright Act (DMCA).
8. PRIVACY POLICY
Your use of Company's Services signifies acknowledgement of, and agreement to, this Privacy Policy. You further acknowledge and agree that Company may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce the TOU; respond to claims that any Content violates the rights of third-parties; respond to claims that contact information (e.g. electronic mail address, phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of Company, its users or the general public.
Company has established this privacy policy to explain to you how your information is protected, collected and used, which may be updated by Company from time to time.
a) Protecting your privacy
We don't engage in cross-marketing or link-referral programs with other sites.
We don't employ tracking devices for marketing purposes.
Account information is password-protected. Keep your password safe.
Company does not knowingly collect any information from persons under the age of 13.
Company, or people who post using the Services, may provide links to third party websites, which may have different privacy practices. We are not responsible for, nor have any control over, the privacy policies of those third party websites, and encourage all users to read the privacy policies of each and every website visited.
b) Data we collect
We collect your email address, for purposes such as sending notifications and confirmation emails, authenticating user accounts, etc.
For paid services, we may collect contact information, such as name(s), phone/fax number(s), and address for billing purposes.
We may sometimes collect your phone number for account authentication purposes, and may transmit it to a third party service for tele-robotic verification.
Company does not store credit card information. Credit card transactions are executed by a secure third-party provider.
We may collect personal information if you provide it in feedback, comments, or other functions of the Services, or if you contact us directly. Please do not post any personal information via the Services that you expect to keep private.
Company's Services' web logs collect standard web log sections for each page served, including your IP address, page URL, and timestamp. Web logs help us to diagnose problems with servers, to administer Company's Services, and to otherwise provide Services to you.
c) Data we store
All information that is entered using the Services is stored.
Although we make good faith efforts to store the information in a secure operating environment that is not available to the public, we cannot guarantee complete security.
d) Archiving and display of Company's postings by search engines and other sites
Search engines and other sites not affiliated with Company archive or otherwise make available Company's postings
e) Circumstances in which Company may release information
Company may disclose information about its users if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process.
Company may also disclose information about its users to law enforcement officers or others, in the good faith belief that such disclosure is reasonably necessary to: enforce these Terms of Use; respond to claims that any posting or other content violates the rights of third-parties; or protect the rights, property, or personal safety of Company, its users or the general public.
f) International Users
By using the Services and providing Company with data, you acknowledge and agree that due to the international dimension of the Services we may use the data collected in the course of our relationship for the purposes identified in this policy or in our other communications with you, including the transmission of information outside your resident jurisdiction. In addition, please understand that such data may be stored on servers located in the United States. By providing us with your data, you consent to the transfer of such data.
9. CONDUCT
You agree not to post, email, or otherwise make available Content:
a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way;
b) that is pornographic;
c) that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
d) that impersonates any person or entity, including, but not limited to, a atoblogic.com employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.);
e) that includes personal or identifying information about another person without that person's explicit consent;
f) that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch";
g) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
h) that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;
i) that constitutes or contains any form of advertising or solicitation if: posted in areas of the atoblogic.com site which are not designated for such purposes; or emailed to atoblogic.com users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests.
j) that includes links to commercial services or web sites, except as allowed through Company's merchant Services;
k) that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited or regulated by Nevada law;
l) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
m) that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Services, or that otherwise negatively affects other users' ability to use the Services; or
n) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Services.
Additionally, you agree not to:
o) contact anyone who has asked not to be contacted;
p) "stalk" or otherwise harass anyone;
q) collect personal data about other users for unlawful purposes;
r) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Services - unless expressly permitted by Company;
s) post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on Company's Services' infrastructure;
t) post the same item or service in more than one sub-category within one metropolitan area, or post and item or service in a metropolitan area that you are capable of, or are prohibited from, providing said item or service in;
u) attempt to gain unauthorized access to Company's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Services; or
v) use any form of automated device or computer program that enables the submission of postings to the Services without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals.
10. POSTING AGENTS
A "Posting Agent" is a third-party agent, service, or intermediary that offers to post Content to the Service on behalf of others. To moderate demands on Company's resources, you may only use a Posting Agent who is an Authorized Local Representative of Company to post Content to the Services. Correspondingly, Posting Agents are not permitted to post Content on behalf of others, to cause Content to be so posted, or otherwise access the Service to facilitate posting Content on behalf of others, without being a currently licensed Authorized Local Representative of Company.
11. NO SPAM POLICY
You understand and agree that sending unauthorized advertisements to Company's email addresses or through Company's computer systems, which is expressly prohibited by these Terms, will use or cause to be used servers located in the United States or elsewhere. Any unauthorized use of Company's computer systems is a violation of these Terms and certain U.S. federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. � 1030 et seq.), and may violate certain local and international laws or agreements. Such violations may subject the sender and his or her agents to civil and criminal penalties.
12. ELECTRONIC MAIL ADDRESS
Due to the nature and requirements of the Services, a current, active, electronic mail address is required to be provided and updated as necessary by all users in order to access Services as a registered user. Company shall utilize the registered electronic mail address to contact you with information regarding the Services, to send you any vouchers purchased or itinerary items requested, and may share the electronic mail address with merchants from whom you purchase or seek products / or services from.
13. LIMITATIONS ON SERVICE
You acknowledge that Company may establish limits concerning use of the Services, including the maximum number of days that Content will be retained by the Services, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Services, and the frequency with which you may access the Services. You agree that Company has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Services. You acknowledge that Company reserves the right at any time to modify or discontinue the Services (or any part thereof) with or without notice, and that Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
14. ACCESS TO THE SERVICES
Certain Services require identity verification and/or are subject to individual licensing agreements.
Use of the Services beyond the scope of authorized access granted to you by Company immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Services or any Content made available via the Services for other purposes (including commercial purposes) not stated herein, you must first obtain a license from Company.
15. TERMINATION OF SERVICE
You agree that Company, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Services (or any part thereof), immediately and without notice, and remove and discard any Content within the Services, for any reason, including, without limitation. Further, you agree that Company shall not be liable to you or any third-party for any termination of your access to the Services. Further, you agree not to attempt to use the Services after said termination. Any and all relevant Sections shall survive termination of the TOU.
16. PROPRIETARY RIGHTS
Company's Services are protected to the maximum extent permitted by trade secrets laws, copyright laws and international treaties. Content displayed on or through the Services is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the site or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of Company. You further agree not to reproduce, duplicate or copy Content from the Services without the express written consent of Company, and agree to abide by any and all copyright notices displayed on the Services. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Services. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Services.
Although Company does not claim ownership of content that its users post, by posting Content to any public area of the Services, you automatically grant, and you represent and warrant that you have the right to grant, to Company an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Services, you automatically grant Company all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Services by any party for any purpose.
17. DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED THROUGH THE SERVICES, OR ACCESSED THROUGH ANY LINKS PROVIDED VIA THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE SERVICES.
Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
18. LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL COMPANY BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE SERVICES, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SERVICES, FROM INABILITY TO USE THE SERVICES, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SERVICES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SERVICES. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
19. INDEMNITY
You agree to indemnify and hold Company, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Services, your use of the Services, your violation of the TOU, your breach of any of the representations and warranties herein, or your violation of any rights of another.
20. GENERAL INFORMATION
The TOU constitute the entire agreement between you and Company and govern your use of the Services, superseding any prior agreements between you and Company. The TOU and the relationship between you and Company shall be governed by the laws of the State of Nevada without regard to its conflict of law provisions. You and Company agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Clark, Nevada. The failure of Company to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.
21. VIOLATION OF TERMS AND LIQUIDATED DAMAGES
Please report any violations of the TOU, by emailing to:
abuse@atoblogic.com
Company's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.
You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for Company to pursue legal action to enforce these Terms, you will be liable to pay Company the following amounts as liquidated damages, which you accept as reasonable estimates of Companys' damages for the specified breaches of these Terms:
a. If you post a message that (1) impersonates any person or entity; (2) falsely states or otherwise misrepresents your affiliation with a person or entity; or (3) that includes personal or identifying information about another person without that person's explicit consent, you agree to pay Company one thousand dollars ($1,000) for each such message. This provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.
b. If Company establishes limits on the frequency with which you may access the Services, or terminates your access to or use of the Services, you agree to pay Company one hundred dollars ($100) for each message posted in excess of such limits or for each day on which you access Company in excess of such limits, whichever is higher.
c. If you send unsolicited email advertisements to Company email addresses or through Company computer systems, you agree to pay Company twenty five dollars ($25) for each such email.
d. If you post Content in violation of the TOU, other than as described above, you agree to pay Company one hundred dollars ($100) for each Item of Content posted. In its sole discretion, Company may elect to issue a warning before assessing damages.
e. If you are a Posting Agent that uses the Services in violation of the TOU, in addition to any liquidated damages under clause (d), you agree to pay Company one hundred dollars ($100) for each and every Item you post in violation of the TOU. A Posting Agent will also be deemed an agent of the party engaging the Posting Agent to access the Services (the "Principal"), and the Principal (by engaging the Posting Agent in violation of the TOU) agrees to pay Company an additional one hundred dollars ($100) for each Item posted by the Posting Agent on behalf of the Principal in violation of the TOU.
f. If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of these Terms without Company's express written permission, you agree to pay Company three thousand dollars ($3,000) for each day on which you engage in such conduct.
Otherwise, you agree to pay Company's actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms, Company retains the right to seek the remedy of specific performance of any term contained in these Terms, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms, or any combination thereof.
22. FEEDBACK
We welcome your comments on this document addressed to the following:
tou@atoblogic.com
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