LogTag North America Inc
Website Terms and Conditions
Effective date: July 19, 2021
These terms and condition govern your use of our website at https://logtag.com, also referenced as https://logtagrecorders.com/us (the "Service"); we have developed these Terms and Conditions ("Terms") so you understand your and our obligations when you use the website, and the choices you have associated with that website.
These Terms form a legally binding contract between you and us. They apply when you use the website as defined below.
To use our website, you must:
- be of legal age;
- agree to these Terms and agree to be bound by these Terms; and
Using the website constitutes your agreement to these Terms.
If you do not agree to use our website in accordance with these Terms, you are not authorized to access and use the website, and you must immediately stop using it.
In these Terms:
Confidential Information means any information, whether in written, oral, graphic, electronic or any other form, that is not public knowledge and that is obtained from the other party in the course of, or in connection with, the provision and use of the Service. Our Confidential Information includes Intellectual Property owned by us (or our licensors).
Data means all data, content, and information (including personal information) owned, held, used or created by you or on your behalf that is stored using, or inputted into, or transmitted to, the Service.
Download means all data, content, and information retrieved from the website via permitted hyperlinks.
Equipment means our proprietary hardware items sold by us or our Resellers, used with the System.
Force Majeure means an event that is beyond the reasonable control of a party, including, without limitation, acts of God, war, riots, terrorism, embargos, acts of military authority, earthquake, fire or flood or other similar event, but excluding:
- an event that could have been avoided by a party taking reasonable precautions or reasonable actions to prevent or remediate such an event; or
- a lack of funds for any reason.
Governmental Authority means any nation, any state, any province or any municipal or other political subdivision thereof, and any agency, commission, department, board, bureau, official, minister, tribunal or court, whether national, state, provincial, local, foreign or multinational, exercising executive, legislative, judicial, regulatory or administrative functions of a nation, state, province or any municipal or other political subdivision thereof.
including and similar words do not imply any limit.
Intellectual Property Rights includes copyright and all rights existing anywhere in the world conferred under statute, common law or equity relating to inventions (including patents), registered and unregistered trademarks and designs, circuit layouts, data and databases, confidential information, know-how, and all other rights resulting from intellectual activity. Intellectual Property has a consistent meaning, and includes any enhancement, modification or derivative work of the Intellectual Property.
Law means any law, statute, ordinance, regulation, rule, code, treaty, judgment, order, decree, concession, grant, franchise, license, agreement or other governmental restriction or any interpretation or administration of any of the foregoing by any Governmental Authority or other requirement having the force of law of any Governmental Authority.
Objectionable includes being objectionable, defamatory, obscene, harassing, threatening, harmful, or unlawful in any way.
A party includes that party’s permitted assigns.
A person includes an individual, a body corporate, an association of persons (whether corporate or not), a trust, a government department, or any other entity.
Personal information means information about an identifiable, living person.
Personnel includes officers, employees, contractors and agents of a person. For the avoidance of doubt, any reference to 'your Personnel' does not include the Personnel of LogTag North America Inc or its development entity LogTag International Ltd.
A Reseller is a person authorized and appointed to sell the service on our behalf, and to provide technical assistance, including distributors and agents.
Service means the service having the core functionality described on the Website.
Terms means these Terms and Conditions titled LogTag North America Inc Website Terms and Conditions.
Underlying Systems means the IT solutions, systems and networks (including software and hardware) used to provide the Service, including any third-party solutions, systems and networks.
We, us or our means LogTag North America Inc and its development entity LogTag International Ltd.
You or your means you or both you and the person on whose behalf you are acting.
Words in the singular include the plural and vice versa.
A reference to a statute includes references to regulations, orders or notices made under or in connection with the statute or regulations and all amendments, replacements or other changes to any of them.
License to use website
Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
Without our express permission you must not:
- republish material from this website (including republication on another website);
- sell, rent or sub-license material from the website;
- reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;
- edit or otherwise modify any material on the website; or
- redistribute material from this website except for content specifically and expressly made available for redistribution.
You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use our website to copy, store, host, transmit, send, use, publish or distribute malware, including, but not limited to, material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, ransomware or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including, without limitation, scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.
You must not use our website to transmit or send unsolicited commercial communications.
Access to certain areas of our website is restricted. We reserve the right to restrict access to other areas of our website, or indeed our whole website, at our discretion.
If we provide you with a user ID and password to enable you to access restricted areas of our website or other content or services, you must ensure that the password is kept confidential.
You must notify us in writing immediately if you become aware of any unauthorized use of your account or password.
You are responsible for any activity on our website arising out of any failure to keep your password confidential and may be held liable for any losses arising out of such a failure.
You must not use any other person's user ID and password to access our website.
We may disable your user ID and password at any time in our sole discretion with or without notice or explanation.
You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your content in any existing or future media. You also grant to us the right to sub-license these rights and the right to bring an action for infringement of these rights.
Your content must not be illegal or unlawful, must not infringe any third party's legal rights and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).
You must not submit any content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website.
Provision of Downloaded Material
As part of our service, we permit you to download certain software, user guides, brochures and other supporting ancillary materials for free. Such material is identified via hyperlinks. You must not download, copy or re-use any material not specifically made available via a hyperlink. You understand that any cost related to the data transmission for these downloads is solely at your expense.
The software is protected by copyright as well as international treaties regarding the protection of intellectual property. To use any software you must agree to the relevant License Agreement, which is included in these terms by way of reference.
You must not, under any circumstances, change copyright notices, serial numbers, version numbers, trademarks or any other identification marks in the software, regardless of where they appear, including, but not limited to, documentation, storage material and on-screen displays.
We do not warrant the completeness or accuracy of the information published on this website; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
Limitations and exclusions of liability
To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
We will not be liable to you in respect of any loss or corruption of any data, database or software
You indemnify us and our Personnel, including our shareholders, directors, officers, employees, agents, successors and assigns, against all and any liability, claim, demand, suit, proceeding, cost, expense, fee (including the actual legal fees charged by our solicitors) and loss of any kind arising from any actual or alleged claim by a third party asserting any use by us of Data infringes the rights of such third party (including Intellectual Property Rights and privacy rights) or that the Data is Objectionable, incorrect, or misleading.
We will not be liable to you in respect of any special, indirect or consequential loss or damage.
Exclusion of third party rights
Law and jurisdiction
Changes to these Terms
We may update these Terms from time to time. We will notify you of any changes by posting a prominent notice on the Service's website. Unless we say otherwise, the changes become effective from the date published at the top of this Terms document. We will also make a list of changes available, so you can easily assess the impact these changes have on you.
You are responsible for ensuring you are familiar with the latest Terms. By continuing to access and use the Service after the new "effective date" you agree to be bound by the changed Terms.
We are committed to conducting our business in accordance with these Terms in order to provide a first-class Service to you.
If you have any questions about this document, please contact us:
- By email: firstname.lastname@example.org
- By phone: +64 (0)9 448 2311
- By mail: LogTag North America Inc, 10 Millpond Drive, Unit 10, Lafayette, New Jersey NJ 07848, United States of America