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1. DanLogix.com's TERMS OF SERVICE DanLogix.com ("The ISP")
provides its Internet services, as they may exist from time to time ("Services"), to users who pay a monthly service fee
to subscribe to the Services ("Members") as well as to those who access some of our Services but do not have accounts
("Visitors"). By establishing an account or using the Services, you agree to be bound by this Agreement and to use the
Services in compliance with this Agreement, our Acceptable Use Policy
and other policies. If you do not agree to the terms and conditions of this Agreement, including any future
revisions, you may not use the Services and if you are a current Member, you must terminate your use of the Services under
Section 10. 2. SUBSCRIPTION REQUIREMENTS. Members must be at least 18 years old.
Prices are available by consultation. The ISP reserves the right to change prices
and institute new fees at any time upon 30 days prior notice. 3. PAYMENT OBLIGATIONS OF A MEMBER.
- (a) Members must (i) provide The ISP with accurate and complete billing information including legal name, address, telephone
number, and credit card/billing information, and (ii) report to The ISP all changes to this information within thirty (30) days
of the change. Members are responsible for any charges to their account.
- (b) Members having questions regarding
charges to an account, should contact The ISP's Customer Service Department at (213) 916-6449. All charges are considered
valid unless disputed in writing within sixty (60) days of the billing date. Adjustments will not be made for charges that are
more than 60 days old.
- (c) Charges are billed to Members' credit cards or debit cards, as applicable, each month for
the basic service and any additional usage or services. The ISP is not responsible for any charges or expenses (e.g for overdrawn
accounts, exceeding credit card limits, etc.) resulting from charges billed by The ISP.
- (d) If paying by check, payments are
due within 15 days after the month in which the charges are incurred.
- (e) If you pay for Services through a prepayment plan,
automatic billing described above shall only apply to the charges not paid for through the prepayment plan.
- (f) If you purchase
Services through a reseller who in turns pays The ISP, the reseller must pay all amounts owing for your account. If the reseller
fails to pay The ISP any amounts due, whether or not you have paid the reseller, your account will be subject to suspension or
cancellation until you or the reseller has paid all amounts due.
- (g) Delinquent accounts may be suspended or canceled at
The ISP's sole discretion; however, charges will continue to accrue until the account is canceled. The ISP may bill an additional
charge to reinstate a suspended account.
4. MEMBER'S ACCOUNT, PASSWORD, AND SECURITY. Upon
registration, Members receive a username, password, and account designation. You and members of your household or business, if
you have purchased a business account, are the only authorized users of your The ISP account and must comply with this Agreement.
You must keep your password confidential so that no one else may access the Services through your account. You must notify The
ISP immediately upon discovering any unauthorized use of your account. 5. MONITORING THE SERVICES.
The ISP has no obligation to monitor the Services, but may do so and disclose information regarding use of the Services
for any reason if The ISP, in its sole discretion, believes that it is reasonable to do so, including to: satisfy laws,
regulations, or governmental or legal requests; operate the Services properly; or protect itself and its Members. Please
see our Privacy Policy. The ISP may immediately remove your material or information from The ISP's servers, in whole or
in part, which The ISP, in its sole and absolute discretion, determines to infringe another's property rights or to violate
our Acceptable Use Policy. 6. DISCLAIMER OF WARRANTIES and LIMITATION OF LIABILITY.
EXCEPT FOR CERTAIN PRODUCTS AND SERVICES SPECIFICALLY IDENTIFIED AS BEING OFFERED BY The ISP, The ISP DOES NOT CONTROL ANY
MATERIALS, INFORMATION, PRODUCTS, OR SERVICES ON THE INTERNET. THE INTERNET CONTAINS UNEDITED MATERIALS, SOME OF WHICH ARE
SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. The ISP HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY FOR SUCH MATERIALS. YOU
ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE SERVICES AND THE INTERNET AND ARE SOLELY RESPONSIBLE FOR EVALUATING THE ACCURACY,
COMPLETENESS, AND USEFULNESS OF ALL SERVICES, PRODUCTS, AND OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE
PROVIDED THROUGH THE SERVICE OR THE INTERNET. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS. The ISP DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
The ISP MAKES NO EXPRESS WARRANTIES AND WAIVES ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE,
NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION OR SERVICE
PROVIDED THROUGH The ISP OR THE INTERNET GENERALLY. NO ADVICE OR INFORMATION GIVEN BY The ISP OR ITS REPRESENTATIVES SHALL
CREATE A WARRANTY. The ISP AND ITS EMPLOYEES ARE NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM
YOUR USE OF THE SERVICES OR THE INTERNET INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE, OR
CONSEQUENTIAL DAMAGES. IN ANY EVENT, The ISP'S CUMULATIVE LIABILITY TO ANY MEMBER FOR ANY AND ALL CLAIMS RELATING TO
THE USE OF THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID DURING A ONE YEAR PERIOD.
7. SOFTWARE LICENSE. The ISP grants to each Member a limited, nonexclusive, nontransferable and
non-assignable license to install and use the The ISP access software (including software from third-party vendors that
The ISP distributes; in object code format), its associated documentation, and any updates thereto ("Licensed Programs")
in order to access and utilize the Services. Each Member agrees to use the Licensed Programs solely in conjunction with the
Services and for no other purpose. The ISP may modify the Licensed Programs at any time, for any reason, and without providing
notice of such modification to a Member. The Licensed Programs constitute confidential and proprietary information
of The ISP and The ISP's licensors and embody trade secrets and intellectual property protected under United States copyright
laws, other laws, and international treaty provisions. All right, title, and interest in and to the Licensed Program, including
associated intellectual property rights, are and shall remain with The ISP and The ISP's licensors. Member shall not translate,
decompile, reverse engineer, distribute, remarket, or otherwise dispose of the Licensed Programs or any part thereof.
You may not download, use, or otherwise export or re-export the Licensed Programs or any underlying information or
technology except in full compliance with all United States and other applicable laws and regulations. By installing or
downloading the Software, you represent and warrant that you are not located in, under the control of or a national or
resident of any country on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce
Department's Table of Deny Orders. 8. WEB SITE USAGE. Our site on the World Wide
Web with its home pages in the domain "DanLogix.com" or any other site operated by The ISP (the "Web site")
is a complimentary information service offered by The ISP at no charge to users. We may provide links on
the Web site to other Web sites which are not under our control. In general, any Web site which has an address (or URL)
which does not contain "DanLogix.com" is such a Web site. These links are provided for convenience only and
are not intended as an endorsement by The ISP of the organization or individual operating the Web site or a warranty of any
type regarding the Web site or the information on the Web site. You may provide a hypertext link to our Web
site on another Web site, provided that: (a) the link must be clearly marked "DanLogix.com", (b) the link must "point"
to the URL "http://www.DanLogix.com" , (c) the appearance, position and other aspects of the link may not be such as to
damage or dilute the goodwill associated with our name and trademark(s), (d) the appearance, position and other aspects of the link
may not create the false appearance that an entity is associated with or sponsored by The ISP , (e) the link, when activated by a
user, must display this Web site full-screen and not within a "frame" on the linked Web site, and (f) The ISP may, in its sole
discretion, revoke consent to link to our website at any time. All other hypertext links to the Web site must be approved in
writing by The ISP. Some portions of the Web site are made available for the free exchange of ideas by participants
and are not regularly monitored nor moderated by The ISP. The ISP assumes no responsibility and makes no warranty that it will
undertake to screen or remove such material. You agree to hold The ISP harmless from all claims based upon the materials posted
by others. Also, in exchange for availing yourself of the opportunity to upload or provide information to this site and any associated
chat rooms or discussion areas, you will indemnify The ISP from any claims made by third parties regarding the material that you provide.
Personal information posted by you to the Web site is posted at your own risk. The ISP will have no liability arising from use of that
information . You shall not use the Web site to distribute or publish any advertising of goods or services, solicitations for funds,
or other commercial messages. You agree that you will not post, upload or otherwise introduce a virus or other harmful code onto the
Web site. Your posting of material on the Web site or providing material to The ISP to use on the Web site will be
deemed to be a grant by you to The ISP of a license to the material to include the material on the Web site and to reproduce,
publish, distribute, perform, display, and transmit the material and to prepare derivative works as may be reasonably necessary
to do so, and you waive all rights of attribution and integrity with respect to the material.
9. TERM OF AGREEMENT. Continued use of the Services constitutes acceptance of this
Agreement and any future versions. If you are dissatisfied with the Services or any related terms, conditions,
rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the Services and,
if you are a Member, to terminate your account. 10. TERMINATION. You may terminate
your account at any time and for any reason by providing notice of intent to terminate to The ISP by:
Registered or certified mail, return receipt requested addressed to Systematic Approach, Accounts-Customer Service, PO
BOX 491452, Los Angeles, California 90049; Email termination of your basic Internet access account will
not be accepted. Your termination will only be complete upon your receipt of a cancellation confirmation number from
The ISP. Charges to your account will stop accruing the day The ISP provides you with a cancellation confirmation number.
Based on your billing cycle, charges accrued prior to your termination may apply after you receive a cancellation confirmation.
Email cancellation requests will not be accepted. If your account included space on The ISP's servers, anything stored on this
space will be deleted upon termination. Without prior notice, The ISP may terminate this Agreement, your
password, your account, or your use of the Services, for any reason, including, without limitation, if The ISP, in its sole
discretion, believes you have violated this Agreement, our Acceptable Use Policy, or any of the applicable user policies,
or if you fail to pay any charges when due. The ISP may provide termination notice to you by: email addressed to your
email account or by US Mail or courier service to the address you provided for the Services. All notices to you shall
be deemed effective on the first (1st) calendar day following the date of electronic mailing or on the fourth (4th)
calendar day following the date of first-class mailing or deposit with a commercial courier service.
Sections 3, 4, 6, and 11 of this Agreement shall survive termination of this Agreement.
11. JURISDICTION. Under California Civil Code Section 1789.3, Members or Visitors
who are residents of California are entitled to the following specific consumer rights information: the
Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may
be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814 or by telephone at 916.445.1254.
This Agreement is governed by California law without regard to conflict of law provisions. The federal
and state courts located in California alone have jurisdiction over all disputes arising out of or related to this
Agreement and the Services. You consent to the personal jurisdiction of such courts sitting in California with respect
to such matters or otherwise between you and The ISP, and waive your rights to removal or consent to removal.
12. MISCELLANEOUS. This Agreement, the Acceptable Use Policy, the Privacy Policy,
and The ISP's other user policies posted on The ISP's Web site constitute the entire agreement between you and
The ISP with respect to your use of the Services. The ISP may revise, amend, or modify this Agreement,
the Acceptable Use Policy and any other user policies and agreements, at any time and in any manner. Notice of any revision,
amendment, or modification will be posted on The ISP's Web site (http://www.DanLogix.com) and/or on Member's start
pages and/or by email and/or in our various publications and mailings to Members.
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