Terms & Conditions
Terms & Conditions
Last Modified October 14, 2014
1. BINDING EFFECT. This is a binding agreement ("Agreement) between you and Logbookwiz, Inc., (“Company”, "us", "we"). By using the Internet site located at http://www.logbookwiz.com (the “Site") or any services provided in connection with the Site, you agree to be contractually bound by these terms.
3. GOVERNING LAW. These terms shall be construed in accordance with and governed by the laws of the United States and the State of Florida, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Broward County, Florida in all disputes arising out of or related to the use of the Site.
4. AGE. The Site is intended only for users aged 18 or older. Individuals under the age of 18 are strictly prohibited from using the Site. You warrant and guarantee you are at least 18 years of age.
5. SERVICES. We provide you with specific services as detailed on this Site. You agree to the following terms specific to these services:
A. PRICING. The services shall be charged on a per line translation rate as detailed here. [link to pricing page.]
B. DATA FORMAT. The transcription services provided herein shall solely produce a Microsoft Excel file for your use. No other data formats are provided. You are solely responsible for determining if the Excel format is sufficient for the needs of you or any third party to whom you intend to export or upload the transcribed data. Refunds are not granted based on the inability to upload transcribed data to a format other than Excel.
C. ERROR REMEDIES. Transcription errors may occur with your order. You agree such errors shall not constitute a material breach of these Terms. Instead, your sole remedy shall be to alert us to the errors. If we agree errors exist, we will resolve any such errors within 14 business days at no cost to you.
6. REFUNDS. You may obtain a refund up until the time the transcription process is initiated on your order. Once that process begins, you may request a refund at any time during the seven days following your order and we may, but are not obligated, to provide you a refund in our sole discretion. Refunds are not granted on the basis of the format of the transcription provided.
7. USER CONTENT. You grant us a license to use the materials you upload to the Site for the purpose of performing the services you order. You further grant our contractors the right to use said materials for the same purposes. By uploading images to us, you warrant and represent that you own the rights to said materials or are otherwise authorized to use the materials.
8. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing or using the Site, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.
10. COPYRIGHT INFRINGEMENT. We have in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site. Please visit our DMCA Policy link in the footer of the Site to view our Digital Millennium Copyright Act takedown policies and to make a claim of infringement. Our DMCA Policy is expressly incorporated into this Agreement by this reference.
11. NO WARRANTIES. COMPANY HEREBY DISCLAIMS ALL WARRANTIES. COMPANY IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE.
12. LIMITED LIABILITY. COMPANY’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY COMPANY. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
14. PROHIBITED USES. Company imposes certain restrictions on your permissible use of the Site. You are prohibited from violating or attempting to violate any security features of the Site, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Site; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site. Any violation of system or network security may subject you to civil and/or criminal liability.
16. COPYRIGHT. All contents of Site are: Copyright © 2014 Logbookwiz, Inc., 2637 E. Atlantic Blvd #30707, Pompano, Florida 33062. All rights reserved.
18. NO LICENSE. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Company or by any third party.
19. ARBITRATION. Any dispute between the parties relating to this Agreement that cannot be resolved through mutual negotiation shall be subject to arbitration in Broward County, Florida in accordance with the Commercial Arbitration Rules of the American Arbitration Association.
20. AMENDMENTS. We reserve the right to amend these Terms and shall do so by posting a notice on the Site and forwarding an email detailing the amendments to you should we have an email address for you. Said amendment shall be binding 30 days after being posted to the Site. You may reject the amendments by ceasing to use the Site or opting out of our email list.