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Terms, Conditions and Privacy

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Welcome to LogOnFixIt.com™ 

Effective Date: 07/01/2018

This Customer Service Agreement (“Agreement”) is a legal agreement between you (“Customer”) and LogOnFixIt, Inc. (“LogOnFixIt™”). Your access to the Site (defined below) and technical support service providers who are accessible though the Site (“LogOnFixIt.Com™”) is governed only by the policies, terms and conditions below.  For convenience, we refer to the LogOnFixIt.com website and any content therein provided by LogOnFixIt as the “Site”, we refer to any desktop sharing session or other communications you have via the Internet or telephone related to your LogOnFixIt account with the LogOnFixIt.Com™ as
GoToSupport” and we refer to any technical support services you may receive from an LogOnFixIt technician related to your LogOnFixIt account or the Site, (including GoToSupport and in-home visits) and their listings on the Site as “LogOnFixIt technician Services.” 

END-USER LICENSE AGREEMENT FOR LOGONFIXIT.COM INC REMOTE SUPPORT SERVICE
IMPORTANT - READ CAREFULLY

Scope of Use
A Remote Control session between an LogOnFixIt Technician and an end-user (you) is about to initiated. THIS END-USER LICENSE AGREEMENT (EULA) FORMS A LEGAL AGREEMENT BETWEEN YOU AND LogOnFixIt.Com Inc., FOR REMOTE TECHNICIAN ASSISTANCE AND THE SOFTWARE PRODUCT USED FOR THIS SESSION. By proceeding with this session and clicking “Submit” on the LogOnFixIt Free Evaluation Form, you are authorizing the LogOnFixIt Technician to have partial or fully unrestricted access to your computer. 

No Warranty/Limitation of Liability
To the maximum extent permitted by applicable law, THE SOFTWARE AND REMOTE SUPPORT SERVICES ARE PROVIDED "AS-IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING ALL WARRANTIES AS TO QUALITY OR MERCHANTABILITY, NON-INFRINGEMENT, ACCURACY, COMPATIBILITY AND FITNESS FOR A PARTICULAR PURPOSE. LOGONFIXIT.COM INC'S TOTAL LIABILITY IN THE AGGREGATE TO YOU OR ANY THIRD PARTY ARISING OUT OF OR IN CONNECTION WITH THE SOFTWARE OR REMOTE CONTROL ASSISTANCE WILL BE LIMITED TO THE AMOUNT PAID BY YOU. This EULA is governed by and construed in accordance with the laws of State of Calfifornia, without regard to its conflict of law provisions, and the United States, including trademark, patent and copyright laws. The exclusive venue for all cases arising out of or related to this EULA will be the federal and state courts in the State of California, USA. 

In no circumstances shall LogOnFixIt or its licensors be liable for any indirect, punitive, special, exemplary, incidental, consequential or other damages of any type or kind (including system damage, loss of data, revenue, profits, use or other economic advantage) arising out of, or in any way connected with this service, any interruption to use the service, or any content obtained from or through the service, even if the party from which damages are sought or such party’s licensors have been previously advised of the possibility of such damages. By clicking “Submit” you agree to these terms and authorize this Remote Control session to take place. 

Data
BY CONTINUING I AGREE THAT I AM RESPONSIBLE FOR BACKING UP MY DATA. LogOnFixIt Remote Support Tech Services will NOT back up any data, configurations, e-mail, or settings on my computer or other products unless I specifically request this additional service prior to the performance of any Remote Support sessions. I AGREE THAT WHETHER OR NOT I REQUEST LogOnFixIt TECH SERVICES TO BACK UP ANY DATA, IN NO EVENT SHALL LogOnFixIt.Com Inc TECH SERVICES AND/OR ITS THIRD PARTY SERVICE PROVIDER, BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY LOSS, ALTERATION OR CORRUPTION OF ANY DATA ON MY COMPUTER(S).



This Agreement limits LogOnFixIt’s liability and obligations to you and allows LogOnFixIt to change, suspend or terminate your access to and use of the Site, GoToSupport, your LogOnFixIt account and LogOnFixIt technician Services in its sole discretion. We urge you to carefully read this Agreement and all policies referenced herein or elsewhere on the Site, which are incorporated herein by reference and form part of this Agreement.

YOU UNDERSTAND THAT BY CLICKING THE “Submit” BUTTON, BY USING THE SITE, ANY EXPERT SERVICES, YOUR LOGONFIXIT ACCOUNT OR BY HAVING ANY FORM OF COMMUNICATION WITH AN EXPERT, YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT IN ITS ENTIRETY, YOU MAY NOT ACCESS OR USE THE SITE OR EXPERT SERVICES.

1. Eligibility; Limitations on Service
The Site and LogOnFixIt technician Services are only available to persons who are at least eighteen (18) years old (an “Adult”). LogOnFixIt acts only as an interface to facilitate communications between LogOnFixIt.Com™ and Customers and to collect Fees (defined below) from Customers on behalf of LogOnFixIt.Com™ and LogOnFixIt is not a party to any relationship or separate agreement entered into between Customers and LogOnFixIt.Com™ and disclaims any and all liability relating thereto. LogOnFixIt.Com™ are not employees, agents or contractors of LogOnFixIt. 
LOGONFIXIT.COM MAY, IN ITS SOLE DISCRETION, REFUSE TO PROVIDE THE SITE AND LOGONFIXIT SERVICES TO YOU FOR ANY REASON OR NO REASON, INCLUDING, WITHOUT LIMITATION, WHEN YOUR TECHNICAL NEEDS ARE UNUSUAL OR BEYOND THE SCOPE OF WHAT IS INTENDED BY LOGONFIXIT AS DETERMINED BY LOGONFIXIT IN ITS SOLE DISCRETION.
 
a.

Desktop Sharing Services
An LogOnFixIt technician may request that a desktop sharing session be initiated in order to provide LogOnFixIt technician Services to you. To engage in a desktop sharing session you will have to: (i) download and install the LogOnFixIt desktop sharing software application (“LogOnFixIt Software”) subject to the terms and conditions of the LogOnFixIt Software License Agreement; and (ii) provide the LogOnFixIt technician access to your computer using the LogOnFixIt Software. You must agree to allow access to your computer to enable the LogOnFixIt technician to provide you LogOnFixIt technician Services.  If you do not, the LogOnFixIt technician will not be able to provide you with the LogOnFixIt technician Service in question.
THE LOGONFIXIT SOFTWARE IS NOT SPYWARE, ADWARE OR MALWARE. IF YOU DOWNLOAD, INSTALL OR USE THE LOGONFIXIT SOFTWARE YOU ACKNOWLEDGE AND AGREE THAT THE OPERATION OF THE LOGONFIXIT SOFTWARE IS WITH YOUR FULL CONSENT AND KNOWLEDGE THEREOF, SOLELY TO PARTAKE OF AND ENJOY THE EXPERT SERVICES REQUESTED BY YOU.
 
b.

In-Home Visits
After an initial GoToSupport service session with an LogOnFixIt technician, you and an LogOnFixIt technician may agree to have an in-home visit to address your service needs.  For in-home visits, an Adult must be present during the entire period LogOnFixIt technician Services are provided. If an Adult is not present when the LogOnFixIt technician arrives to the designated address, the provision of LogOnFixIt technician Services may be denied and a cancellation fee may apply. Please see the relevant LogOnFixIt technician’s listing for the amount of this cancellation fee.
 
c.

Minimum System Requirements for LogOnFixIt technician Services
To partake of LogOnFixIt technician Services you must have a validly licensed and working personal computer meeting the minimum requirements described below.
- Windows 98 operating system or newer;
- Internet Explorer version 6 or higher;
- All peripherals must be in good working condition and spyware free.
     
2. LogOnFixIt Accounts and Use of the Site
 
a.

When you register with LogOnFixIt and set up your account, you must:
   

(i)

provide LogOnFixIt with accurate and complete information, including without limitation, your name, address, telephone number, a valid credit card number and any other necessary account information; and
(ii)

update your account information with any new information within thirty (30) days of changes to such information. Further, you will not use false identities or impersonate any other person or use a name that you are not authorized to use. We encourage you to read our Privacy Policy at www.logonfixit.com//legal.htm#3 f or information about our policies and procedures regarding the collection, use and disclosure of personal information we receive from Customers.

 
b.

You are responsible for safeguarding and maintaining the confidentiality of your username, password and corresponding account information.  You agree not to disclose your password to anyone.  You agree that you are entirely and solely responsible for any and all activities or actions that occur under your LogOnFixIt account, whether or not you have authorized such activities or actions. You agree to notify LogOnFixIt of any unauthorized use of your LogOnFixIt account or any other breach of security within (24) twenty-four hours of such use being known to you. In the event that your username or password is stolen, please notify LogOnFixIt immediately so that a new username or password can be created. Please also use the “password reminder” process made available at the log-in page.
 
c.

You agree that you will not permit, enable, introduce or facilitate
   

(i)

persons who do not have a LogOnFixIt account to have access to or use of the LogOnFixIt technician Services; and
(ii)

other Customers to use a specific LogOnFixIt technician Service through your LogOnFixIt account, including at the same time that you are doing so.

     
3.

Transaction Fees and Billing

 
LogOnFixIt’s Payment Policy is available on the Site, and is incorporated into this Agreement by reference.
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4.

Termination or Suspension of the Site & Modification of the this Agreement

 
a.

LogOnFixIt reserves the right, in its sole discretion  to modify, discontinue or terminate the Site or service or to modify or terminate this Agreement at any time without advance notice. If we modify this Agreement (or any policies incorporated herein) we will give you notice of the new terms. If any modification to the Site, services or this Agreement is not acceptable to you, your only recourse is to cease using the Site and any LogOnFixIt technician Services. Your use of the Site or any LogOnFixIt technician Services after we have provided such notice will represent your acceptance of the new terms .
 
b.

Without limiting other remedies, LogOnFixIt may at any time suspend or terminate your LogOnFixIt account and refuse to provide access to the Site or LogOnFixIt technician Services without reason or notice to you. Such termination or suspension amounts to a termination of this Agreement by LogOnFixIt. In addition, LogOnFixIt may notify your bank and/or authorities or take any actions it deems appropriate without notice to you:


(i)

if LogOnFixIt suspects that you have failed to comply with any provision of this Agreement or any policies or rules established by LogOnFixIt;
(ii)

if LogOnFixIt is unable to verify or authenticate any billing or payment information you provide to LogOnFixIt; or

(iii)

if LogOnFixIt suspects that your actions may be illegal or cause liability, harm or disruption for you, LogOnFixIt.Com™, LogOnFixIt, other Customers, the Site or any other third parties.

 
c.

You may cancel your LogOnFixIt account at anytime for any reason. To request a cancellation, please fill out our Feedback Form and choose "Close my account" as your "type of feedback" per the instructions on the form. Any account cancellation request will be handled within fifteen (15) days of receipt of such a request by LogOnFixIt. Upon termination or cancellation of an account, your right to use such account and any LogOnFixIt technician Services ceases immediately. 
 
d.

Any suspension, termination or cancellation will not affect your obligation to pay any amounts that are due to LogOnFixIt.Com™ or any of your other obligations to LogOnFixIt under this Agreement . The following provisions will survive any termination of this Agreement or suspension or cancellation of your account: 2, 5(d), 8(b), 9 through 13, 15, 16 and 18.
     
5. Interaction with LogOnFixIt.Com™ and Use of LogOnFixIt technician Services
 
a.

Although the LogOnFixIt technician listings may contain verified credentials, the verification services are provided to LogOnFixIt by third parties and LogOnFixIt does not refer, endorse, recommend, or guarantee any LogOnFixIt technician Services provided by LogOnFixIt.Com™, any specific LogOnFixIt technician or any LogOnFixIt technician’s qualifications and nothing will be considered as a referral, endorsement, recommendation or guarantee of the foregoing by LogOnFixIt.  LogOnFixIt acts as a technology service that facilitates the sharing of technical support services between LogOnFixIt.Com™ and Customers and does not make editorial or managerial decisions concerning an LogOnFixIt technician’s listing, nor will LogOnFixIt be held responsible for any LogOnFixIt technician’s failure to comply with laws or regulations concerning the content of their listings. LogOnFixIt is not responsible for the use or exchange of any information, files or goods between LogOnFixIt.Com™ and Customers.  Further, LogOnFixIt does not control, nor is it responsible for, the truth, accuracy, completeness, safety, timeliness, quality, appropriateness, legality or applicability of anything said or written by LogOnFixIt.Com™ or Customers, including without limitation, any information contained in LogOnFixIt technician listings, the LogOnFixIt technician Services provided, comments made by Customers or other information made available through the Site. LogOnFixIt assumes no responsibility for monitoring any Customer feedback or otherwise policing its users in any way.
 
b.

You are solely responsible for your interactions with LogOnFixIt.Com™ and will exercise caution, discretion, common sense and judgment in, using the Site or LogOnFixIt technician Services and disclosing personal information to LogOnFixIt.Com™ and LogOnFixIt. You agree to take reasonable precautions in all interactions with LogOnFixIt.Com™, particularly if you decide to meet with an LogOnFixIt technician in person. Your use of the Site and LogOnFixIt technician Services is at your sole risk and discretion and LogOnFixIt hereby disclaims any and all liability to you or any third party relating thereto. 
 
c.

LogOnFixIt reserves the right to review and/or record GoToSupport exchanges and communications, in accordance with applicable law, in order to evaluate compliance with this Agreement . If you ever believe that another Customer or LogOnFixIt technician has violated the law or is defrauding, threatening or endangering anyone, LogOnFixIt urges you to immediately contact the police directly for help.
     
6. Additional Customer Obligations
The Site and LogOnFixIt technician Services may only be used and accessed for lawful purposes.  You agree to abide by all applicable local, state, national and foreign laws, treatises and regulations in connection with the Site and use of LogOnFixIt technician Services. In addition, without limitation, you agree to comply with the following:
 
a.

You are solely responsible for all equipment necessary to access and use the Site and LogOnFixIt technician Services. You understand and agree that prior to your use of any LogOnFixIt technician Services it is your responsibility to back-up the data, software, information or other files stored on your computer, its disks and drives. LogOnFixIt will not be responsible under any circumstances for any loss or corruption of data and software.
 
b.

You will not record or otherwise store any LogOnFixIt technician Service sessions that you receive through the Site or those that are related to your LogOnFixIt account. LogOnFixIt and or the LogOnFixIt.Com™ may however record these sessions, in compliance with applicable law.
 
c.

You will not use the Site or LogOnFixIt technician Services to upload, post, email or otherwise transmit any materials or content that contain software viruses or any other computer code, files or programs designed to

(i)

interrupt, destroy or limit the functionality of any computer software; or
(ii)

interfere with the access of any Customer, host or network, including, without limitation, sending a virus, overloading, flooding, spamming or
mail-bombing the Site.

 
d.

You will not use the Site or LogOnFixIt technician Services for any purpose that is unlawful, fraudulent or contrary to this Agreement and the policies of LogOnFixIt and you will cooperate fully with LogOnFixIt to investigate any suspected unlawful, fraudulent or improper activity, including, but not limited to, granting authorized LogOnFixIt representatives access to any password-protected portions of your LogOnFixIt account.
 
e.

Except for in-home visits you will conduct all for-fee communications that you have with LogOnFixIt.Com™ only through the Site. You will not circumvent or attempt to circumvent the Site using third-party payment services or otherwise.
 
f.

You will not create obscene, offensive, tasteless, defamatory or hateful screen names, or use such obscene, offensive, tasteless, defamatory or hateful content on the Site or in connection with your use of LogOnFixIt technician Services.
 
g.

You will not use the Site or LogOnFixIt technician Services in any manner that harasses an LogOnFixIt technician or another Customer or could interfere with any other party’s use or enjoyment of the Site and LogOnFixIt technician Services. You will respect the privacy of others and not use the Site or LogOnFixIt technician Services for unwelcome, rude or abusive communications or in any other manner as determined by LogOnFixIt in its sole discretion.
 
h.

You will not attempt to gain unauthorized access to any LogOnFixIt account information, computer systems or networks associated with the Site. You will not attempt to obtain any information or materials relating to the Site through any means not intentionally made available through the Site.
 
i.

You will not "frame," "mirror" or otherwise copy any portion of the Site.
 
j.

You will not use the Site or LogOnFixIt technician Services to promote or provide any product or services related to claiming success with or offering information regarding lottery numbers or for purposes of multi-level marketing proposals (for example, offering to help participants “get rich quickly” or “make money surfing the Web”). You will not use the Site to promote bonus items, giveaways, random drawings, prizes, contests or games of chance.
 
k.

You will not use the Site or LogOnFixIt technician Services to transmit "junk mail," "spam," "chain letters" or unsolicited mass distribution of email or bulletin board postings or transmit solicitation for employees, consultants, or contractors for participation on other websites.
 
l.

You will not take any actions which may undermine the Customer comment system used to solicit feedback and comments from Customers, including, without limitation, using secondary Customer names or third parties or leaving negative comments if an LogOnFixIt technician fails to perform some action that is outside the scope of the services described in his or her LogOnFixIt technician listing, or for another untruthful or malicious reason.
 
m.

Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site or LogOnFixIt services.
 
n.

You will not encourage or instruct any other individual to do any of the foregoing or to violate any term of this Agreement and LogOnFixIt policies.
     
7. Customer Comments & Feedback
 
a.


Customer Comments
At the end of each session with an LogOnFixIt technician, you have the opportunity to leave feedback and make comments about your experience with the LogOnFixIt.Com™ with whom you have interacted (“Customer Comments”) by filling out the customer comment form provided to you at the end of a session. LogOnFixIt advises you to exercise caution and good judgment when leaving such comments. Once you complete and submit your comments to the Site you will not be able to go back and edit your comments. You should also be aware that you can be held legally responsible for damages to someone's reputation if your comments are deemed to be defamatory. LogOnFixIt does not monitor or censor comments that are provided by Customers and disclaims any and all liability relating thereto.  Notwithstanding the foregoing, LogOnFixIt does reserve the right, in its sole discretion, to remove any Customer Comments that it deems to be inconsistent with the online activities that are permitted under this Agreement .

 
b.

Feedback
We invite you to provide LogOnFixIt with feedback, comments and suggestions for improvements to the Site and LogOnFixIt technician Services (collectively, “Feedback”). You may submit Feedback by filing out a feedback form made available on the Site. You acknowledge and agree that all Customer Comments and all Feedback will be the sole and exclusive property of LogOnFixIt. You hereby assign to LogOnFixIt and agree to assign to LogOnFixIt all of your right, title and interest in and to all Customer Comments and Feedback, including all intellectual property rights therein.  At LogOnFixIt’s request and expense, you will execute documents and take such further acts as LogOnFixIt may reasonably request to assist LogOnFixIt to acquire, perfect and maintain its intellectual property rights and other legal protections for the Customer Comments and Feedback.
     
8. Proprietary Rights and Ownership
LogOnFixIt and its licensors own all right, title and interest, including all worldwide intellectual property rights in the Site, LogOnFixIt technology and the trademarks, service marks and logos contained therein (“LogOnFixIt Properties”). LogOnFixIt reserves all rights in the LogOnFixIt Properties not expressly granted to you in this Agreement .
     
  LogOnFixIt and its licensors own all right, title and interest, including all worldwide intellectual property rights in this program. This program is free software; you can redistribute it and/or modify it under the terms of the GNU General Public License version 2. This program is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU General Public License for more details. You should have received a copy of the GNU General Public License along with this program; if not, write to the Free Software Foundation, Inc., 51 Franklin Street, Fifth Floor, Boston, MA 02110-1301, USA. For a period of three (3) years from the date you assent to the terms of this Agreement, LogOnFixIt will at your request provide to you a copy of the source code for the code licensed under the GPL, including any modifications made by LogOnFixIt. LogOnFixIt may charge reasonable shipping and handling charges for such distribution. Please direct requests in writing to: LogOnFixIt, Inc.
Contact us using our Feedback Form.
     
9. Confidentiality
Confidential Information” means:
 
a.

Any Feedback that you provide to LogOnFixIt; and
 
b.

Any LogOnFixIt business or technical information that is disclosed to you in connection with this Agreement, including, but not limited to, any information relating to Support Space’s plans, business opportunities or research and development.  Confidential Information excludes any information that:

(i) is or becomes generally known to the public other than as a result of your breach of this Agreement e;
(ii)

is rightfully known to you at the time of disclosure without restrictions on use or disclosure;

(iii) is independently developed by you, without access to or use of any Confidential Information; or
(iv)

is rightfully obtained by you from a third party, who has the right to disclose it and who discloses it without restrictions on use or disclosure.  You will maintain all Confidential Information in strict confidence and will not disclose any Confidential Information to any third party. You will not use Confidential Information, except as necessary for the performance of this Agreement .

     
10. Indemnification
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD LOGONFIXIT, AND ITS EMPLOYEES, SUBSIDIARIES, AGENTS AND REPRESENTATIVES HARMLESS FROM AND AGAINST ANY LIABILITY ARISING FROM OR IN ANY WAY RELATED TO YOUR USE OF THE SITE OR EXPERT SERVICES, (EXCLUDING LIABILITY DIRECTLY ATTRIBUTABLE TO THE GROSS NEGLIGENCE OF LOGONFIXIT) INCLUDING ANY LIABILITY OR EXPENSE ARISING FROM ALL CLAIMS, LOSSES, DAMAGES (ACTUAL AND CONSEQUENTIAL), SUITS, JUDGMENTS, LITIGATION COSTS AND ATTORNEYS’ FEES, OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, FORESEEABLE AND UNFORESEEABLE, DISCLOSED AND UNDISCLOSED. IN EACH CASE, LOGONFIXIT WILL PROVIDE YOU WITH WRITTEN NOTICE OF SUCH CLAIM, SUIT OR ACTION.
     
11. Warranties and Disclaimer
AS BETWEEN YOU AND LOGONFIXIT, THE SITE AND ANY EXPERT SERVICES OR GOODS OBTAINED THROUGH THE SITE ARE PROVIDED "AS IS" WITH NO WARRANTY OF ANY KIND.  LOGONFIXIT AND SUPPLIERS TO LOGONFIXIT EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, EXPERT SERVICES AND ALL COMMUNICATIONS BETWEEN LogOnFixIt.Com™ AND CUSTOMERS MADE THROUGH THE SITE, INCLUDING ANY IMPLIED WARRANTY OF QUALITY, AVAILABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. In addition, LogOnFixIt makes no representation or warranty that the Site will be error free OR THAT ANY ERRORS WILL BE CORRECTED. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.
     
12. Limitation of Liability
UNDER NO CIRCUMSTANCES WILL LOGONFIXIT OR  SUPPLIERS TO LOGONFIXIT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE SITE OR EXPERT SERVICES, INCLUDING, WITHOUT LIMITATION, LOST OR CORRUPTED DATA OR FOR YOUR INABILITY TO USE YOUR COMPUTER EQUIPMENT OR OTHER PRODUCTS OR INJURY OR DAMAGES RESULTING FROM USE OF THE EXPERT SERVICES, INCLUDING, WITHOUT LIMITATION, IF YOU CHOOSE TO MEET WITH AN EXPERT IN PERSON, WHETHER OR NOT LOGONFIXIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, LOGONFIXIT AND ITS SUPPLIERS’ AGGREGATE LIABILITY TO YOU ARISING WITH RESPECT TO THIS AGREEMENT AND EXPERT SERVICES PROVIDED TO YOU WILL NOT EXCEED THE TOTAL FEES ACTUALLY COLLECTED FROM YOU BY LOGONFIXIT UNDER THIS AGREEMENT (AFTER PAYMENTS TO LogOnFixIt.Com™ AND OTHER THIRD PARTIES) IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY. LOGONFIXIT WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS RELATING TO THE SITE AND THE PROVISION OF EXPERT SERVICES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
     
13. Copyrighted Materials: No Unauthorized Use
You will not use the Site or LogOnFixIt technician Services to transmit, route, provide connections to or store any material that infringes copyrighted works or otherwise violates or promotes the violation of the intellectual property rights of any third party. LogOnFixIt has adopted and implemented a policy that provides for the termination in appropriate circumstances of the accounts of users who repeatedly infringe or are believed to be infringing the rights of copyright holders. Please see the LogOnFixIt Copyright Policy for further information.
     
14. Force Majeure
LogOnFixIt will not be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of events beyond its reasonable control, which may include, without limitation, denial-of-service attacks, strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, governmental action, labor conditions, earthquakes, material shortages, extraordinary Internet congestion or extraordinary connectivity issues experienced by major telecommunications providers and unrelated to the LogOnFixIt infrastructure or connectivity to the Internet or failure at a LogOnFixIt co-location facility, (each a “Force Majeure Event”). Upon the occurrence of a Force Majeure Event, LogOnFixIt will be excused from any further performance of its obligations effected by the Force Majeure Event for so long as the event continues.
     
15. Notice; Consent to Electronic Notice
You consent to the use of:
 
a.

Electronic means to complete this Agreement, to use the Site and LogOnFixIt technician Services and to deliver to you any notices pursuant to this Agreement, and
 
b.

Electronic records to store information related to this Agreement or your use of the Site and LogOnFixIt technician Services. 
 
Any notice or other communication to be given hereunder will be in writing and given:
 
a.

By LogOnFixIt via email (in each case to the address that you provide).
 
b.

By LogOnFixIt via a posting on the Site or
 
c.

By you via our Feedback Form or to addresses as LogOnFixIt may specify in writing. The date of receipt will be deemed the date on which such notice is transmitted. You understand and agree that this Agreement and any notices given pursuant to this Agreement are enforceable in electronic format. You can request a copy in paper form of this Agreement and any other records relating to this Agreement or your use of the Site and LogOnFixIt technician Services by sending a written request to LogOnFixIt using the Feedback Form.
     
16. Links to other Websites
The Site may provide links to websites other than LogOnFixIt. Such links are provided for reference only, and LogOnFixIt neither controls such websites nor endorses any of the material on any such websites or any association with their operators.
     
17.. Miscellaneous
In the event that any provision in this Agreement is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent permitted by law and the remaining provisions will remain in full force and effect to the maximum extent permitted by law. The failure of a party to enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision. You may not assign this Agreement (by operation of law or otherwise) without the prior written consent of LogOnFixIt and any prohibited assignment will be null and void. LogOnFixIt may assign this Agreement or any rights hereunder without your consent. The relationship of the parties under this Agreement is that of independent contractors, and this Agreement will not be construed to imply that either party is the agent, employee, or joint venturer of the other. This Agreement will be governed by and interpreted in accordance with the laws of the State of California excluding that body of law pertaining to conflict of laws. Any legal action or proceeding arising under this Agreement will be brought exclusively in courts located in Northern California and the parties hereby irrevocably consent to the personal jurisdiction and venue therein. You agree that this Agreement and the rules, restrictions and policies contained herein, and LogOnFixIt’s enforcement thereof, are not intended to confer and do not confer any rights or remedies upon any person other than you and LogOnFixIt. This Agreement together with the rules and policies of LogOnFixIt constitutes the entire agreement between LogOnFixIt and you with respect to the subject matter hereof. 
     

Last Modified: December 8, 2008

     
  Member Service Agreement arrow Back to top

Welcome to LogOnFixIt!

LogOnFixIt, Inc. (“LogOnFixIt”, “we” or “us”) provides the LogOnFixIt(dot)Com website (the “Site”) through which technical support LogOnFixIt.Com™ and enthusiasts can join an online community to share information, teach others, and expand your and their knowledge bases regarding technical support (“Support Services”). In addition, as a certified LogOnFixIt LogOnFixIt technician, (defined below), you will be able to provide LogOnFixIt technician Services (defined below) to LogOnFixIt Customers (defined below). Please read the following terms and conditions carefully. This Member Service Agreement (“Agreement”) is a legal agreement between you and LogOnFixIt and applies to you whether you are a certified LogOnFixIt technician or a non-certified user who is a registered member of LogOnFixIt but has not been certified as an LogOnFixIt technician (“Non-Certified Users”) (collectively, “LogOnFixIt Members”). An individual who has gone though our application process and been certified as an expert by LogOnFixIt is a LogOnFixIt certified “LogOnFixIt technician”.

As an LogOnFixIt technician, your provision of LogOnFixIt technician Services is governed by the policies, terms and conditions below. As an LogOnFixIt technician you will be able to create listings and provide LogOnFixIt technician Services to those persons who contact you and partake of your services via the Site or in home visits (“Customers”). 
For convenience, we refer to any desktop sharing session or other communications you have via the Internet or telephone with Customers as
GoToSupport” and we refer to any technical support services you may provide to Customers, including GoToSupport and your listings on the Site as “LogOnFixIt technician Services.”

This Agreement limits LogOnFixIt’s liability and obligations to you and allows LogOnFixIt to change, suspend or terminate your access to and use of the Site and your LogOnFixIt account.  We urge you to carefully read the terms and conditions of this Agreement and all policies referenced herein or elsewhere on the Site which are incorporated herein by reference and form part of this Agreement.

YOU UNDERSTAND THAT BY CLICKING THE “AGREE & JOIN” BUTTON, BY USING THE SITE (INCLUDING ANY CONTENT PROVIDED THEREIN), SUPPORT SERVICES OR YOUR LOGONFIXIT ACCOUNT, BY HAVING ANY FORM OF COMMUNICATION WITH A CUSTOMER OR BY POSTING ANY LISTINGS ON THE SITE, YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT IN ITS ENTIRETY, YOU MAY NOT ACCESS OR USE THE SITE OR SUPPORT SERVICES OR PROVIDE EXPERT SERVICES.

1.

Limitations on Service
To be a LogOnFixIt Member, use the Site and have a LogOnFixIt account you must be at least 18 years old. LogOnFixIt acts only as an interface to facilitate communications between LogOnFixIt.Com™ and Customers and collect payments from Customers on behalf of LogOnFixIt.Com™ and LogOnFixIt is not a party to any relationship or separate agreement entered into between Customers and LogOnFixIt.Com™ and disclaims any and all liability relating thereto. Members are not employees, agents or contractors of LogOnFixIt. The Site and access to a LogOnFixIt account are not available to temporarily or indefinitely suspended Members.

   
2. LogOnFixIt Accounts and Use of the Site
 
a.

When you register with LogOnFixIt and set up your account, you must:
   

(i)

provide LogOnFixIt with accurate and complete information, including without limitation, your name, address, telephone number, a valid credit card number and any other necessary account information; and
(ii)

update your account information with any new information within thirty (30) days of changes to such information.


Further, you will not use false identities or impersonate any other person or use a name that you are not authorized to use. We encourage you to read our Privacy Policy www.logonfixit.com/legal.htm#2 for information about our policies and procedures regarding the collection, use and disclosure of personal information we receive from LogOnFixIt Members.

 
b.

You are responsible for safeguarding and maintaining the confidentiality of your username, password and corresponding account information.  You agree not to disclose your password to anyone. You agree that you are entirely and solely responsible for any and all activities or actions that occur under your LogOnFixIt account, whether or not you have authorized such activities or actions. You agree to notify LogOnFixIt of any unauthorized use of your LogOnFixIt account or any other breach of security within (24) twenty-four hours of such use being known to you. In the event that your username or password is stolen, please notify LogOnFixIt immediately so that a new username or password can be created.  Please also use the “password reminder” process made available at the log-in page.
 
c.

You agree that:
   

(i)

you will not permit, enable, introduce or facilitate persons who do not have a LogOnFixIt account to have access to or use of the Site and
(ii)

if you are an LogOnFixIt technician you will not permit, enable, introduce or facilitate other persons to participate in providing LogOnFixIt technician Services from your LogOnFixIt account.

     
3.

Transaction Fees and Billing

 
LogOnFixIt’.Com Inc's Payment Policy is available on the Site, and is incorporated into this Agreement by reference. By paying for the LogOnFixIt.Com Inc Technicians Service Invoice you are agreeing that the work was finished to your satisfation and no refund will apply. The LogOnFixIt Technician will however take a 2nd look to resolve any issue found after the intial repair.
     
4.

Termination or Suspension of the Site & Modification of the Agreement

 
a.

LogOnFixIt reserves the right in its sole discretion to modify, discontinue or terminate the Site or Support Services or to modify or terminate this Agreement at any time without advance notice If we modify the terms of this Agreement (or any policies incorporated herein) we will provide LogOnFixIt.Com™ with at least fourteen (14) days notice of the new terms by emailing LogOnFixIt.Com™. If any modification is not acceptable to you, your only recourse is to cease using the Site, Support Services and/or providing LogOnFixIt technician Services. Your use of the Site, Support Services and/ or providing any LogOnFixIt technician Services after we have provided such notice will represent your acceptance of the new terms.
 
b.

Without limiting other remedies, LogOnFixIt may at any time suspend or terminate your LogOnFixIt account and refuse to provide access to the Site or Support Services and suspend your ability to provide LogOnFixIt technician Services without reason or notice to you. Such termination or suspension amounts to a termination of this Agreement by LogOnFixIt. In addition, LogOnFixIt may notify authorities or take any actions it deems appropriate without notice to you:

(i)

if LogOnFixIt suspects that you have failed to comply with any provision of this Agreement or any policies or rules established by LogOnFixIt; or
(ii)

if LogOnFixIt suspects that your actions may be illegal or cause liability, harm or disruption for you, Customers, LogOnFixIt, other LogOnFixIt Members, the Site or any other third parties. In the event that LogOnFixIt discontinues the Site or your access to the Site and ability to provide LogOnFixIt technician Services, if LogOnFixIt owes you any fees, subject to the terms of this Agreement, such fees will be remitted to you by LogOnFixIt.

 
c.

You may cancel your LogOnFixIt account at anytime for any reason. To request a cancellation, please fill out our Feedback Form and choose "Close my account" as your "type of feedback" per the instructions on the form. Any account cancellation request will be handled within fifteen (15) days of receipt of such a request by LogOnFixIt. Upon termination or cancellation of an account, your right to use such account and provide LogOnFixIt technician Services ceases immediately. The following provisions will survive any termination of this Agreement or suspension or cancellation of your account: 2, 5(c), 6, 7, 8, 9, 10, 11, 13 through 18, 20.
     
5. Interaction with LogOnFixIt Members
LogOnFixIt provides the Site and Support Services as a medium for LogOnFixIt Members to network, share information and discuss technical support. You are solely responsible for your interactions (including any disputes) with other LogOnFixIt Members. You understand that LogOnFixIt does not in any way screen LogOnFixIt Members or review or police statements made by LogOnFixIt Members in their Member Submissions (defined below), or the Member Submissions in general. You are solely responsible for, and will exercise caution, discretion, common sense and judgment in, using the Site and Support Services and disclosing personal information to other LogOnFixIt Members. You agree to take reasonable precautions in all interactions with other LogOnFixIt Members, particularly if you decide to meet a LogOnFixIt Member offline or in person. Without limiting the terms of Section 14 below, your use of the Site, Support Services, LogOnFixIt Content and Member Submissions is at your sole risk and discretion and LogOnFixIt hereby disclaims any and all liability to you or any third party relating thereto.
     
6. Additional Obligations for all LogOnFixIt Members
The Site and Support Services may be used and accessed for lawful purposes only. You agree to abide by all applicable local, state, national and foreign laws, treatises and regulations in connection with your use of the Site and Support Services. In addition, without limitation, you agree that you will not do any of the following while using or accessing the Site or Support Services:
 
a.

Upload, post, submit or otherwise transmit:

(i)

any Member Submission to which you do not have the lawful right to use, copy, distribute, transmit and display (including any Member Submission that would violate any confidentiality or fiduciary obligations that you might have with respect to the Member Submission);
(ii) any Member Submission for which you do not have the consent or permission of each identifiable person in the Member Submission to use the name, voice, signature, photograph or likeness of each such person (to the extent each is implicated by the Member Submission) and such consent or permission is necessary; or
(iii)

any Member Submission that infringes the intellectual property rights or violates the privacy rights of any third party (including, without limitation, copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity).

 
b.

Upload, post, submit or otherwise transmit, via the Site or Support Services, any Member Submissions (including screen names) that are unlawful, obscene, harmful, threatening, harassing, defamatory or hateful or that contain objects or symbols of hate, invade the privacy of any third party, contain nudity (including, without limitation, any pornography, erotica, child pornography or child erotica), are deceptive, threatening, abusive, inciting of unlawful action, defamatory, libelous, vulgar or violent, or constitute hate speech or are otherwise objectionable in the opinion of LogOnFixIt.
 
c.

Upload, post, submit or otherwise transmit, via the Site or Support Services "junk mail," "spam," "chain letters" or unsolicited mass distribution of email or bulletin board postings or transmit solicitations for employees, consultants, or contractors for participation on other websites.
 
d.

Circumvent, disable or otherwise interfere with security related features of the Site, or features that prevent or restrict use or copying of any LogOnFixIt Content.
 
e.

Use any meta tags or other hidden text or metadata utilizing a LogOnFixIt name, trademark, URL or product name.
 
f.

Forge any TCP/IP packet header or any part of the header information in any posting or in any way use the Site or Support Services to send altered, deceptive or false source-identifying information.
 
g.

Upload, post, submit or otherwise transmit any Member Submissions that contain software viruses or any other computer code, files, or programs designed to (i) interrupt, destroy or limit the functionality of any computer software, or (ii) interfere with the access of any LogOnFixIt Member, host or network, including, without limitation, sending a virus, overloading, flooding, spamming or mail-bombing the Site.
 
h.

Upload, post, submit or otherwise transmit any Member Submissions that include code that is hidden or otherwise surreptitiously contained within the images, audio or video of any Member Submissions that is unrelated to the immediate, aesthetic nature of the Member Submissions.
 
i.

Impersonate or misrepresent your affiliation with any person or entity, through pretexting or some other form of social engineering, or otherwise commit fraud.
 
j.

Interfere with or disrupt (or attempt to interfere with or disrupt) any web pages available at the Site, servers or networks connected to the Site or the technical delivery systems of LogOnFixIt’s providers, or disobey any requirements, procedures, policies or regulations of networks connected to the Site.
 
k.

Attempt to probe, scan or test the vulnerability of any LogOnFixIt system network, or breach or impair or circumvent any security or authentication measures protecting the Site or Support Services; attempt to gain unauthorized access to any LogOnFixIt account information, computer systems or networks associated with the Site; or attempt to obtain any information or materials relating to the Site through any means not intentionally made available through the Site.
 
l.

Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the  Site or Support Services.
 
m.

Attempt to access, search or meta-search the Site with any engine, software, tool, agent, device or mechanism other than software and/or search agents provided by LogOnFixIt or other generally available third party web browsers (such as Microsoft Internet Explorer, Mozilla Firefox, Safari, or Opera), including, without limitation, any software that sends queries to the Site to determine how a website or web page ranks.
 
n.

Use the Site or Support Services to provide or promote any product or services, to provide any product or services related to claiming success with or offering information regarding lottery numbers or for purposes of multi-level marketing proposals (for example, offering to help participants “get rich quickly” or “make money surfing the Web”) or use the Site or Support Services to promote bonus items, giveaways, random drawings, prizes, contests or games of chance.
 
o.

Collect or store personal data about other LogOnFixIt Members without their express permission.
 
p.

Use the Site or Support Services in any manner not permitted by this Agreement.
 
q.

Encourage or instruct any other individual to do any of the foregoing or to violate any term of this Agreement.
     
7. Only for LogOnFixIt.Com™: Interactions with Customers and Provision of LogOnFixIt technician Services
As an LogOnFixIt technician you acknowledge and agree to the following:
 
a.


Although your LogOnFixIt technician listings may contain verified credentials, the verification services are provided to LogOnFixIt by third parties and LogOnFixIt does not refer, endorse, recommend or guarantee any technical support services provided by LogOnFixIt.Com™, any specific LogOnFixIt technician or any LogOnFixIt technician’s qualifications and nothing will be considered as a referral, endorsement, recommendation or guarantee of the foregoing by LogOnFixIt. LogOnFixIt acts as a technology service that facilitates the sharing of technical support services between LogOnFixIt.Com™ and Customers and does not make editorial or managerial decisions concerning an LogOnFixIt technician’s listing, nor will LogOnFixIt be held responsible for any LogOnFixIt technician’s failure to comply with laws or regulations concerning the content of their listings.  Without limiting the terms of Section 14 below, LogOnFixIt is not responsible for the use or exchange of any information, files or goods between LogOnFixIt.Com™ and Customers. Further, LogOnFixIt does not control, nor is it responsible for, the truth, accuracy, completeness, safety, timeliness, quality, appropriateness, legality or applicability of anything said or written by LogOnFixIt.Com™ or Customers, including, without limitation, any information contained in LogOnFixIt technician listings, the LogOnFixIt technician Services provided, comments made by Customers or other information made available through the Site. LogOnFixIt assumes no responsibility for monitoring any Customer comments or otherwise policing its users in any way. 

 
b.

You are solely responsible for your interactions with Customers. You understand that LogOnFixIt does not in any way screen Customers. You are solely responsible for, and will exercise caution, discretion, common sense and judgment in, using the Site or providing LogOnFixIt technician Services and disclosing personal information to Customers. You agree to take reasonable precautions in all interactions with Customers particularly if you decide to provide LogOnFixIt technician Services through an in-home visit with a Customer. Without limiting the terms of Section 14 below, your use of the Site and provision of LogOnFixIt technician Services is at your sole risk and discretion.
 
c.

LogOnFixIt reserves the right to contact LogOnFixIt.Com™ and Customers and review and/or record GoToSupport exchanges and communications, in compliance with applicable law, in order to evaluate compliance with the rules and policies set forth in this Agreement. If you ever believe that a Customer or another LogOnFixIt technician has violated the law or is defrauding, threatening or endangering anyone, LogOnFixIt urges you to immediately contact the police directly for help.
 
d.

You will comply with all applicable local, state, national and foreign laws, treatises and regulations in connection with your provision of LogOnFixIt technician Services.
 
e.

You will not engage in any of the activities prohibited in Sections 7(a) through (q) above in your provision of LogOnFixIt technician Services.
 
f.

Except for in-home visits you will conduct all for-fee communications that you have with Customers only through the Site. You will not circumvent or attempt to circumvent the Site using third-party payment services or otherwise.
 
g.

You are solely responsible for the content of the communications, assistance and advice that you provide as part of the LogOnFixIt technician Services and the content in listings created under your LogOnFixIt account.
 
h.

You are solely responsible for all equipment necessary to access and use the Site and to provide LogOnFixIt technician Services.
 
i.

Except for pre-recorded LogOnFixIt technician Service sessions that you decide to offer for a fee via the Site, you will not record or otherwise store any LogOnFixIt technician Service sessions that you provide through the Site or those that are related to your LogOnFixIt account.
 
j.

You will not use the Site or provide LogOnFixIt technician Services for any purpose that is unlawful, fraudulent or contrary to this Agreement and the policies of LogOnFixIt and you will cooperate fully with LogOnFixIt to investigate any suspected unlawful, fraudulent or improper activity, including, but not limited to, granting authorized LogOnFixIt representatives access to any password-protected portions of your LogOnFixIt account.
 
k.

You will not use the Site or provide LogOnFixIt technician Services in any manner that harasses a Customer or another LogOnFixIt technician or could interfere with any other party’s use or enjoyment of the Site or LogOnFixIt technician Services. You will respect the privacy of others and not use the Site or LogOnFixIt technician Services for unwelcome, rude or abusive communications or in any other manner as determined by LogOnFixIt in its sole discretion.
 
l.

You will not take any actions which may undermine the Customer comment system used to solicit feedback or comments from Customers, including, without limitation, leaving positive comments for yourself or other LogOnFixIt.Com™ using secondary names or creating fake accounts to do any of the foregoing.
 
m.

You will not encourage or instruct any other individual to do any of the foregoing or to violate any term of this Agreement and LogOnFixIt policies.
     
8.

LogOnFixIt technician Comments & Feedback

 
a.

LogOnFixIt technician Comments
At the end of each session with a Customer, you have the opportunity to leave feedback and make comments about your experience with the Customer with whom you have interacted (“LogOnFixIt technician Comments”) by filling out the LogOnFixIt technician comment form provided to you at the end of a session. LogOnFixIt advises you to exercise caution and good judgment when leaving such comments. Once you complete and submit your comments to the Site you will not be able to go back and edit your comments. You should also be aware that you can be held legally responsible for damages to someone's reputation if your comments are deemed to be defamatory. LogOnFixIt does not monitor or censor comments that are provided by LogOnFixIt.Com™ and disclaims any and all liability relating thereto.  Notwithstanding the foregoing, LogOnFixIt does reserve the right, in its sole discretion, to remove any LogOnFixIt technician Comments that it deems to be inconsistent with the online activities that are permitted under this Agreement.
 
b.

Feedback
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and LogOnFixIt Services
(“Feedback”). You may submit Feedback by filling out a feedback form made available on the Site. You acknowledge and agree that all LogOnFixIt technician Comments and all Feedback will be the sole and exclusive property of LogOnFixIt. You hereby assign and agree to assign all rights, title and interest you have in such LogOnFixIt technician Comments and Feedback to LogOnFixIt together with all intellectual property rights therein. At LogOnFixIt’s request and expense, you will execute documents and take such further acts as LogOnFixIt may reasonably request to assist LogOnFixIt to acquire, perfect and maintain its intellectual property rights and other legal protections for the LogOnFixIt technician Comments and Feedback.
     
9. Proprietary Rights and Ownership
 
a.

Content

(i)

Certain types of content are made available through the Site. "LogOnFixIt Content" as used in this Agreement means, collectively, the text, data, graphics, images, LogOnFixIt Marks (defined below) and content made available through the Site, excluding Member Submissions. “Member Submissions” as used in this Agreement means, collectively, the text, data, communications, messages, graphics, images, photos, video files and other content and information which LogOnFixIt Members post, upload and otherwise submit to the Site, including, without limitation, in discussion groups, message boards and LogOnFixIt Member created profile pages.  Member Submissions include LogOnFixIt technician listings. LOGONFIXIT reserves the right to remove and permanently delete any LOGONFIXIT Content or Member Submissions from the Site without notice.

(ii)

You may access and use the Support Services, LogOnFixIt Content and Member Submissions for your own personal, non-commercial use. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, LogOnFixIt Content, Member Submissions or related products and services and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Site, LogOnFixIt Content, or Member Submissions (other than your Member Submissions). LogOnFixIt and its licensors own all right, title and interest, including all worldwide intellectual property rights in the LogOnFixIt Marks, Site and LogOnFixIt Content contained therein, other than your Member Submissions.

 
b.

Use by LogOnFixIt.Com™ of LogOnFixIt Marks
LogOnFixIt grants to each LogOnFixIt technician the right to use LogOnFixIt trademarks, service marks or logos (“LogOnFixIt Marks”) in their LogOnFixIt technician listings. Any such use by an LogOnFixIt technician must correctly attribute ownership of such LogOnFixIt marks to LogOnFixIt and must be in accordance with applicable law and LogOnFixIt’s then-current trademark usage guidelines. LogOnFixIt technician will not remove or obscure any LogOnFixIt Mark, and will not attach any additional third party trademarks, logos or trade designations on or to its LogOnFixIt technician listings. LogOnFixIt technician acknowledges and agrees that LogOnFixIt owns the LogOnFixIt Marks and that any and all goodwill and other proprietary rights that are created by or that result from LogOnFixIt technician’s use of a LogOnFixIt Mark, or LogOnFixIt technician’s association with LogOnFixIt, inure solely to the benefit of LogOnFixIt. LogOnFixIt technician will at no time contest or aid in contesting the validity or ownership of any LogOnFixIt Mark or take any action in derogation of LogOnFixIt’s rights therein, including, without limitation, applying to register any trademark, trade name or other designation that is confusingly similar to any LogOnFixIt Mark.
 
c.

Member Submissions

(i) License Grant
LogOnFixIt does not claim ownership rights in your Member Submissions. However, by uploading, posting, submitting or otherwise transmitting any Member Submission to LogOnFixIt or on the Site, you hereby grant to LogOnFixIt a non-exclusive, worldwide, royalty-free, sublicensable, perpetual and irrevocable right and license to use, reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast and otherwise exploit such Member Submissions in any form, medium or technology now known or later developed, including, without limitation, on the Site and third party websites. You represent and warrant that you own or have the necessary licenses, rights, consents and permissions to grant the foregoing licenses to LogOnFixIt. LogOnFixIt will own all right, title and interest in and to all derivative works and compilations of Member Submissions that are created by LogOnFixIt, including all worldwide intellectual property rights therein. You agree to execute and deliver such documents and provide all assistance reasonably requested by LogOnFixIt to give to LogOnFixIt the full benefit of the rights granted to  LogOnFixIt by you.
(ii)

Limitations
You acknowledge and agree that LogOnFixIt may, at its option, establish limits concerning Member Submissions, including, without limitation, the maximum number of days that Member Submissions will remain on the Site, the maximum size of any files that may be stored on or uploaded to the Site and the maximum disk space that will be allotted to you for the storage of Member Submissions on LogOnFixIt’s servers. LogOnFixIt will have no responsibility or liability for and you are solely responsible for creating back-ups of your Member Submissions.

(iii) Disclaimer
LogOnFixIt does not have any obligation to monitor the Member Submissions that are uploaded, posted, submitted or otherwise transmitted using the Site or Support Services, for any purpose and, as a result, is not responsible for the accuracy, completeness, appropriateness, legality or applicability of the Member Submissions or anything said, depicted or written by LogOnFixIt Members, including, without limitation, any information obtained by using the Site. LogOnFixIt does not endorse any Member Submission or any opinion, recommendation or advice expressed therein and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against LogOnFixIt with respect thereto.
 
d.

GNU General Public License (GPL)

  LogOnFixIt and its licensors own all right, title and interest, including all worldwide intellectual property rights in this program. This program is free software; you can redistribute it and/or modify it under the terms of the GNU General Public License version 2. This program is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU General Public License for more details. You should have received a copy of the GNU General Public License along with this program; if not, write to the Free Software Foundation, Inc., 51 Franklin Street, Fifth Floor, Boston, MA 02110-1301, USA. For a period of three (3) years from the date you assent to the terms of this Agreement, LogOnFixIt will at your request provide to you a copy of the source code for the code licensed under the GPL, including any modifications made by LogOnFixIt. LogOnFixIt may charge reasonable shipping and handling charges for such distribution. Please direct requests in writing to: LogOnFixIt, Inc.
You may contact us using our Feedback Form.
     
     
10. Confidentiality
Confidential Information” means:
 
a.

Any Feedback that you provide to LogOnFixIt; and
 
b.

c.

The terms of the Payment Policy

Any LogOnFixIt business or technical information that is disclosed to you in connection with this Agreement, including, but not limited to, any information relating to LogOnFixIt’s plans, business opportunities or research and development. Confidential Information excludes any information that:

(i) is or becomes generally known to the public other than as a result of your breach of this Agreement;
(ii)

is rightfully known to you at the time of disclosure without restrictions on use or disclosure;

(iii) is independently developed by you, without access to or use of any Confidential Information; or
(iv)

is rightfully obtained by you from a third party, who has the right to disclose it and who discloses it without restrictions on use or disclosure.  You will maintain all Confidential Information in strict confidence and will not disclose any Confidential Information to any third party. You will not use Confidential Information, except as necessary for the performance of this Agreement.

     
11. Copyrighted Materials: No Unauthorized Use
You will not use the Site and Support Services or LogOnFixIt technician Services to transmit, route, provide connections to or store any material that infringes copyrighted works or otherwise violates or promotes the violation of the intellectual property rights of any third party. LogOnFixIt has adopted and implemented a policy that provides for the termination in appropriate circumstances of the accounts of users who repeatedly infringe or are believed to be infringing the rights of copyright holders. Please see the LogOnFixIt Copyright Policy for further information.
     
12. Indemnification
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD LOGONFIXIT, AND ITS EMPLOYEES, SUBSIDIARIES, AGENTS, REPRESENTATIVES AND CUSTOMERS HARMLESS FROM AND AGAINST ANY LIABILITY ARISING FROM OR IN ANY WAY RELATED TO: (A) YOUR USE OF THE SITE, SUPPORT SERVICES, LOGONFIXIT CONTENT OR MEMBER SUBMISSIONS, (B) YOUR VIOLATION OF THIS AGREEMENT; (C) YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING, WITHOUT LIMITATION, ANY INTELLECTUAL PROPERTY RIGHT, PUBLICITY, CONFIDENTIALITY, PROPERTY OR PRIVACY RIGHT; OR (D) YOUR PROVISION OF EXPERT SERVICES (EXCLUDING LIABILITY DIRECTLY ATTRIBUTABLE TO THE GROSS NEGLIGENCE OF LOGONFIXIT), INCLUDING ANY LIABILITY OR EXPENSE ARISING FROM ALL CLAIMS, LOSSES, DAMAGES (ACTUAL AND CONSEQUENTIAL), SUITS, JUDGMENTS, LITIGATION COSTS AND ATTORNEYS’ FEES, OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, FORESEEABLE AND UNFORESEEABLE, DISCLOSED AND UNDISCLOSED. IN EACH CASE, LOGONFIXIT WILL PROVIDE YOU WITH WRITTEN NOTICE OF SUCH CLAIM, SUIT OR ACTION.  LOGONFIXIT HAS THE RIGHT TO WITHHOLD PAYMENTS TO YOU TO OFFSET LIABILITIES AND EXPENSES COVERED HEREUNDER.
     
13.

Disclaimer
THE SITE, SUPPORT SERVICES, LOGONFIXIT CONTENT AND MEMBER SUBMISSIONS ARE PROVIDED "AS IS" WITH NO WARRANTY OF ANY KIND. LOGONFIXIT AND SUPPLIERS TO LOGONFIXIT EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, SUPPORT SERVICES, LOGONFIXIT CONTENT AND MEMBER SUBMISSIONS, WHETHER THE PROVISION OF EXPERT SERVICES WILL PRODUCE ANY LEVEL OF PROFIT OR BUSINESS FOR YOU OR LEAD TO ECONOMIC BENEFIT AND ALL COMMUNICATIONS MADE THROUGH THE SITE (INCLUDING THOSE COMMUNICATIONS BETWEEN LogOnFixIt.Com™ AND CUSTOMERS AND LOGONFIXIT MEMBERS) INCLUDING ANY IMPLIED WARRANTY OF QUALITY, AVAILABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. In addition, LogOnFixIt makes no representation or warranty that the Site will be error free OR THAT ANY ERRORS WILL BE CORRECTED. Some states or jurisdictions do not allow the exclusion of certain warranties.  Accordingly, some of the above exclusions may not apply to you.

     
14.

Limitation of Liability
UNDER NO CIRCUMSTANCES WILL LOGONFIXIT OR  SUPPLIERS TO LOGONFIXIT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE SITE, SUPPORT SERVICES, LOGONFIXIT CONTENT AND MEMBER SUBMISSIONS OR PROVISION OF EXPERT SERVICES, INCLUDING, WITHOUT LIMITATION, INJURY OR DAMAGES RESULTING FROM VISITS IN PERSON WITH CUSTOMERS OR THE CONDUCT OF ANY LOGONFIXIT USER ONLINE OR OFFLINE, WHETHER OR NOT LOGONFIXIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, LOGONFIXIT AND ITS SUPPLIERS’ AGGREGATE LIABILITY TO YOU ARISING WITH RESPECT TO THIS AGREEMENT WILL NOT EXCEED (A) IN THE CASE OF NON-CERTIFIED USERS $100; AND (B) IN THE CASE OF LogOnFixIt.Com™ THE TOTAL FEES ACTUALLY EARNED BY LOGONFIXIT FROM YOU UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY. LOGONFIXIT WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS RELATING TO THE SITE, SUPPORT SERVICES AND THE PROVISION OF EXPERT SERVICES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

     
15. Force Majeure
LogOnFixIt will not be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of events beyond its reasonable control, which may include, without limitation, denial-of-service attacks, strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, governmental action, labor conditions, earthquakes, material shortages, extraordinary Internet congestion or extraordinary connectivity issues experienced by major telecommunications providers and unrelated to the LogOnFixIt infrastructure or connectivity to the Internet or failure at a LogOnFixIt co-location facility, (each a “Force Majeure Event”). Upon the occurrence of a Force Majeure Event, LogOnFixIt will be excused from any further performance of its obligations effected by the Force Majeure Event for so long as the event continues.
     
16. Relationship of the Parties
Notwithstanding any provision hereof, for all purposes of this Agreement each party will be independent and act independently and not as a contractor, partner, joint venturer, agent, employee or employer of the other and will not bind nor attempt to bind the other to any contract.
     
17. Notice; Consent to Electronic Notice
You consent to the use of:
 
a.

Electronic means to complete this Agreement, to use the Site, Support Services and provide LogOnFixIt technician Services and to deliver to you any notices pursuant to this Agreement, and
 
b.

Electronic records to store information related to this Agreement or your use of the Site.  
 
Any notice or other communication to be given hereunder will be in writing and given:
 
a.

By LogOnFixIt via email (in each case to the address that you provide).
 
b.

By LogOnFixIt via a posting on the Site or
 
c.

By you via our Feedback Form or to addresses as LogOnFixIt may specify in writing. The date of receipt will be deemed the date on which such notice is transmitted. You understand and agree that this Agreement and any notices given pursuant to this Agreement are enforceable in electronic format. You can request a copy in paper form of this Agreement and any other records relating to this Agreement or your use of the Site, Support Services or provision of LogOnFixIt technician Services by sending a written request to LogOnFixIt using the Feedback Form.
     
18. Links to other Websites
The Site may provide links to websites other than LogOnFixIt. Such links are provided for reference only, and LogOnFixIt neither controls such websites nor endorses any of the material on any such websites or any association with their operators.
     
19.. Miscellaneous
In the event that any provision in this Agreement is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent permitted by law and the remaining provisions will remain in full force and effect to the maximum extent permitted by law. The failure of a party to enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision.  You may not assign this Agreement (by operation of law or otherwise) without the prior written consent of LogOnFixIt and any prohibited assignment will be null and void. LogOnFixIt may assign these Agreement or any rights hereunder without your consent. This Agreement will be governed by and interpreted in accordance with the laws of the State of California excluding that body of law pertaining to conflict of laws. Any legal action or proceeding arising under this Agreement will be brought exclusively in courts located in Northern California and the parties hereby irrevocably consent to the personal jurisdiction and venue therein. You agree that this Agreement and the rules, restrictions and policies contained herein, and LogOnFixIt’s enforcement thereof, are not intended to confer and do not confer any rights or remedies upon any person other than you and LogOnFixIt. This Agreement together with the rules and policies of LogOnFixIt and other Agreements incorporated herein by reference constitutes the entire agreement between LogOnFixIt and you with respect to the subject matter hereof. 
     

Last Modified: December 11, 2008


 
Privacy Policy
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LogOnFixIt provides this Privacy Policy to inform you of our policies and procedures regarding the collection, use and disclosure of personal information we receive from users of www.LogOnFixIt.com (this “Site”). This Privacy Policy applies only to information that you provide to us through this Site.  Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Free Diagnosis form, Customer Service Agreement and Annual Member Service Agreement www.logonfixit.com/legal.htm#2
This Privacy Policy may be updated from time to time; each version will apply to information collected while it was in place. We will notify you of any material changes by posting the new Privacy Policy on the Site or emailing you if we deem it appropriate. You are advised to consult this policy regularly for any changes.
As used in this policy, the terms “using” and “processing” information include using cookies on a computer, subjecting the information to statistical or other analysis and using or handling information in any way, including, but not limited to, collecting, storing, evaluating, modifying, deleting, using, combining, disclosing and transferring information within our organization or among our affiliates within the United States or internationally. 

Information Collection and Use
Our primary goals in collecting information are to provide and improve our Site, services, features and content, to administer your accounts (together, the “Service”), to enable users to enjoy and easily navigate the Site, and to process your application to become an LogOnFixIt technician if applicable. 

Personally Identifiable Information

ibullet When you register with us through the Site to become a LogOnFixIt Customer, LogOnFixIt Member or begin the application process to become an LogOnFixIt technician we will ask you for personally identifiable information. This refers to information about you that when on its own or in combination with other identifiers can be used to contact or identify you (“Personal Information”). Personal Information includes, but is not limited to, your name, phone number(s), credit card or other billing information, email address, home and business postal addresses and Session Information (defined below). We use your Personal Information to provide the Service, initiate a potential LogOnFixIt technician’s application process and administer your inquiries.
ibullet

When a LogOnFixIt Customer and an LogOnFixIt technician share a support session, we (or a third party services provider on our behalf) may record GoToSupport exchanges (including voice and other communications during desktop sharing sessions), telephone calls and the related billing information (“Session Information”).

ibullet We also collect the other information that you provide as part of registration and that which is related to the administration of LogOnFixIt technician Services (e.g., without limitation zip code, the schools you attended (in the case of LogOnFixIt.Com™) and individual preferences) (“Non-Identifying Information”). We use your Personal Information (in some cases, in conjunction with your Non-Identifying Information) to provide the Service, complete your transactions and administer your inquiries.
ibullet We may combine your Personal Information with Non-Identifying Information and aggregate it anonymously with information collected from other LogOnFixIt Users (defined below) to attempt to provide you with a better experience, to improve the quality and value of the Service and to analyze and understand how our Site and Service are used. We may also use the combined information without aggregating it to serve you specifically, for instance to deliver a product to you according to your preferences or restrictions.
ibullet We may also use your Personal Information to contact you with LogOnFixIt newsletters, marketing or promotional materials and other information that may be of interest to you. If you decide at any time that you no longer wish to receive such communications from us, please follow the unsubscribe instructions provided in any of the communications or update your “user preferences” information. (See “Changing or Deleting Information,” below.)

Log Data
When you visit the Site, whether as a LogOnFixIt Customer or LogOnFixIt Member or a websurfer just browsing (any of these, a “LogOnFixIt User”), our servers automatically record information that your browser sends whenever you visit a website (“Log Data”). This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser type or the website from which you are visiting, pages of our Site that you visit, the time spent on those pages, information you search for, access times and dates, and other statistics. We use this information to monitor and analyze use of the Site and the Service and for the Site’s technical administration, to increase our Site’s functionality and user-friendliness and to better tailor it to our visitors’ needs. For example, some of this information is collected so that when you visit the Site again, it will recognize you and may serve advertisements and other information appropriate to your interests. 

Cookies
Like many websites, we use “cookies” to collect information. A cookie is a small data file that we transfer to your computer’s hard disk for record-keeping purposes. We use cookies for two purposes. First, we utilize persistent cookies to save your registration ID and login password for future logins to the Site. Second, we utilize session ID cookies to enable certain features of the Site, to better understand how you interact with the Site and to monitor aggregate usage by LogOnFixIt Users and web traffic routing on the Site. Unlike persistent cookies, session cookies are deleted from your computer when you log off from the Site and Service and then close your browser. Third party advertisers on the Site may also place or read cookies on your browser. You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, however, you may not be able to use all portions of the Site or all functionality of the Service. 

Emailing Via a LogOnFixIt Account
As part of the Service, LogOnFixIt Customers or LogOnFixIt.Com™ or Members may communicate with others through use of their accounts. Where LogOnFixIt Customers or LogOnFixIt.Com™ or Members have selected the option of adding one or more email addresses to an online form, the message they create in the corresponding template will be sent from LogOnFixIt to those email addresses on their behalf. These email addresses will be stored in the address book the LogOnFixIt Customer or LogOnFixIt technician or Member creates and will be used only for the purpose of sending the email communication to the addressee.

Phishing
Identity theft and the practice currently known as “phishing” are of great concern to LogOnFixIt. Safeguarding information to help protect you from identity theft is a top priority. We do not and will not, at any time, request your credit card information, your account ID, login password, or national identification numbers in a non-secure or unsolicited e-mail or telephone communication. For more information about phishing, visit the Federal Trade Commission’s website.

Information Sharing and Disclosure
Your Sharing of your Personal Information
There are various ways LogOnFixIt Users can make their Personal Information publicly available through the Site or ways in which they can supply such information to LogOnFixIt. Proving your Personal Information and any other data through the Site or to LogOnFixIt whether you are a LogOnFixIt Member or Customer is voluntary and should correlate with the degree of interaction you want to have with other LogOnFixIt Users and LogOnFixIt.

ibullet LogOnFixIt Members
If you register with us through the Site and submit your Personal Information to create a LogOnFixIt profile you will be sharing that information publicly on the Site and if you are certified as an LogOnFixIt technician your profile will also be used to advertise your support services. Consequently, as a LogOnFixIt Member Customers and other users of the Site will be able to see the information you provide in your profile. In addition, when you apply to become an LogOnFixIt technician the Personal Information and Non-Identifying Information you provide to initiate your application is shared with third party service providers to process your application and you consent to such sharing of your Personal and Non-Identifying Information (See “Service Providers,” below.)
ibullet

Customers
When you as a Customer receive services from LogOnFixIt.Com™, depending on the services you request, the LogOnFixIt technician may have access to your Personal Information and Non-Identifying Information and in some cases your computer and whatever data is stored on your computer. For example, if you choose to receive technical support via a desktop sharing session you will be giving the LogOnFixIt technician access to your computer over a network in addition to access to whatever documents, files and/or applications are accessible through your computer. You may also provide other diagnostic information to partake of an LogOnFixIt technician’s services. LogOnFixIt.Com™ will only see your profile during a support session. 


Aggregate Information and Non-Identifying Information

We may share aggregated anonymous information from the information we collect and Non-Identifying Information and Log Data with third parties for industry analysis, demographic profiling and other purposes.

Service Providers
We may employ third party companies and individuals to facilitate our Service, to provide the Service on our behalf, to perform Site-related services (e.g., without limitation, application processing, background checking, maintenance services, database management, web analytics and improvement of the Site’s features) or to assist us in analyzing how our Site and Service are used. These third parties have access to your Personal Information only to perform these tasks for us or on our behalf and are obligated not to disclose or use it for any other purpose.We may also provide Personal Information to our business partners or other trusted entities for the purpose of providing you with information on goods or services we believe will be of interest to you. You can, at any time, opt out of receiving such communications. You consent to the sharing of your Personal Information with all such third party companies described herein.

Compliance with Laws and Law Enforcement
LogOnFixIt cooperates with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including, but not limited to, subpoenas), to protect the property and rights of LogOnFixIt or a third party, to protect the safety of the public or any person, or to prevent or stop any illegal, unethical or legally actionable activity.

Business Transfers
LogOnFixIt may sell, transfer or otherwise share some or all of its assets, including your Personal Information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy. If LogOnFixIt becomes involved in a merger, acquisition, reorganization or any form of sale of some or all of its assets, we will provide notice to you before your Personal Information is transferred and becomes subject to a different privacy policy.

Changing or Deleting Your Information
All Customers and Members may review, update, correct or delete the Personal Information in their account profile by contacting us. If you would like us to delete your record in our system, please contact us and we will attempt to accommodate your request if we do not have any legal obligation to retain the record.  See below for privacy contact information.

Security

LogOnFixIt is very concerned with safeguarding your information. We employ administrative, physical and electronic measures designed to protect your information from unauthorized access.
We will make any legally required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored “personal data” (as defined in applicable state statutes on security breach notification) to you via email or conspicuous posting on this Site in the most expedient time possible and without unreasonable delay, insofar as consistent with

(i) the legitimate needs of law enforcement or
(ii)

any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.


International Transfer
Your information may be transferred to - and maintained on - computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you are located outside the United States and choose to provide information to us, LogOnFixIt transfers Personal Information to the United States and processes it there. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

Links to Other Sites
Our Site contains links to other websites.  If you choose to visit an advertiser by “clicking on” a banner ad or other type of advertisement, or click on another third party link, you will be directed to that third party’s website. The fact that we link to a website or present a banner ad or other type of advertisement is not an endorsement, authorization or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices. We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer, collect data or solicit personal information from you. Other sites follow different rules regarding the use or disclosure of the personal information you submit to them. We encourage you to read the privacy policies or statements of the other websites you visit. 

Our Policy Toward Children
This Site is not directed to children under 18. We do not knowingly collect personally identifiable information from children under 13. If a parent or guardian becomes aware that his or her child has provided us with Personal Information without their consent, he or she should contact us via our Feedback Form. If we become aware that a child under 13 has provided us with Personal Information, we will delete such information from our files.

Contacting Us
If you have any questions about this Privacy Policy, please contact us via our Feedback Form.


Effective August 21st, 2008
 
 
Copyright Policy
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LogOnFixIt respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, LogOnFixIt will respond expeditiously to claims of copyright infringement committed using the LogOnFixIt service that are reported to the LogOnFixIt Designated Copyright Agent identified in the sample notice below.

If you are a copyright owner, authorized to act on behalf of one or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the LogOnFixIt website (the “Site”) by completing the following DMCA Notice of Alleged Infringement and delivering it to the LogOnFixIt Designated Copyright Agent. Upon receipt of Notice as described below, LogOnFixIt will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged use from the Site and/or termination of the LogOnFixIt Customer or LogOnFixIt technician account.

DMCA Notice of Alleged Infringement (“Notice”)

1. Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you may provide a representative list of the copyrighted works that you claim have been infringed.

2. Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found.

3. Provide your mailing address, telephone number, and, if available, email address.

4. Include both of the following statements in the body of the Notice:

ibullet “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”

ibullet “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”

5. Provide your full legal name and your electronic or physical signature.


Deliver this Notice, with all items completed, to LogOnFixIt’s Designated Copyright Agent:

Copyright Agent
c/o LogOnFixIt
Contact us using our Feedback Form.



Effective May 1st 2017
 
  Payment Policy Back to top
LogOnFixIt Privacy and Payment Policy

This Payment Policy forms part of the LogOnFixIt Customer Service Agreement ("Customer Agreement") and the LogOnFixIt Member Service Agreement ("Member Agreement") and is incorporated by reference into both agreements. Capitalized terms not defined herein will have the meanings set forth in the Customer Agreement, Member Agreement and related policies.

For LogOnFixIt Customers

(a) Starting on January 20, 2008 and until further notice, the rate at which Customers will be charged for LogOnFixIt technician Services with an LogOnFixIt technician will be on a per minute or per session basis and such rate will be provided in the LogOnFixIt technician's offer for that particular session. Unless otherwise stated in the LogOnFixIt technician's offer, the fee amount that a Customer will be charged for the session will be presented at the beginning of the session after the LogOnFixIt technician has had an opportunity do an assessment of the services required by the Customer. An LogOnFixIt technician's assessment will be based on a number of variables including the Customer's description of the technology support problem and the time estimated by the LogOnFixIt technician to address the problem. All rates charged by LogOnFixIt.Com™ are subject to change in that LogOnFixIt technician's sole discretion and may not be the same if a Customer requests another session with an LogOnFixIt technician. In the event that an LogOnFixIt technician refers or forwards a Customer's case to another LogOnFixIt technician, a Customer is only obligated to pay the fee amount finally accepted by the Customer.

(b) LogOnFixIt is collecting fees from you on behalf of the LogOnFixIt technician and you hereby authorize LogOnFixIt to collect such fees immediately upon conclusion of each transaction by charging the credit card you provide to LogOnFixIt.
LogOnFixIt has no obligation to pass on any fees to LogOnFixIt.Com™ until LogOnFixIt has collected such fees in full from the Customer or Customer's credit card issuer or bank, as applicable. LogOnFixIt may institute a chargeback policy as it deems appropriate in the event that the Customer or Customer's bank does not honor a payment obligation or if LogOnFixIt questions its ability to collect funds.

(c) You authorize LogOnFixIt, directly or through third parties, to make any inquiries we consider necessary to validate your LogOnFixIt account information. This may include ordering a credit report or otherwise verifying the information you provide. In such event, you agree to provide LogOnFixIt with additional information that may be requested and you consent to LogOnFixIt's disclosure of your personal information to third-party service providers in order to verify your credit, identity and/or other background information.

(d) Money Back Guarantee: If for any reason, a Customer is not satisfied with an LogOnFixIt technician Services session, such Customer may submit a request to receive a full refund of the fees paid for an LogOnFixIt technician Services session by sending us such a request. Refund requests must be received within five (5) days after the date the relevant LogOnFixIt technician Services session was rendered. Subject to the sole discretion of LogOnFixIt, a refund may be credited back to the credit card the Customer used for payment for the LogOnFixIt technician Services session, within fourteen (14) business days of receipt of the request. To request a refund, please fill out our Feedback Form and choose "Refund Request" as your "type of feedback" per the instructions on the form.

(e) Coupon Redemption: Certain restrictions apply to the redemption of any LogOnFixIt coupon. Please see the relevant coupon for details.

For Non-Certified Users

Non-Certified Users are not eligible for payment for providing any services to Customers via the LogOnFixIt Site or Services. LogOnFixIt will not provide payment for any session conducted by Non-Certified Users or any interactions by Non-Certified Users with Customers under any circumstances. Non-Certified Users are only eligible for payment by LogOnFixIt when they have been certified as "LogOnFixIt.Com™". Non-Certified Users may interact with Customers only to get acquainted with the LogOnFixIt platform. In accordance with the Member Agreement, all sessions with Customers and Member activities are subject to inspection and review by LogOnFixIt.

For LogOnFixIt LogOnFixIt.Com™

(a) Starting on January 20, 2008 and until further notice, if you are an LogOnFixIt technician, you can set the rates for your LogOnFixIt technician Services, which rates will be set forth in each LogOnFixIt technician offer that you create. LogOnFixIt.Com™ may set their default rate and whether their services are available on a per minute or per session basis in their LogOnFixIt profile and may edit the amount of fees that will be charged to a Customer for the relevant LogOnFixIt technician Services session at the beginning of each session. Once the LogOnFixIt technician makes an offer to a Customer and the Customer accepts such offer, the rate at which the Customer will be charged cannot be changed for the relevant LogOnFixIt technician Services session.

(b) LogOnFixIt Service Fee. You as an LogOnFixIt technician hereby authorize LogOnFixIt to (i) collect fees for each Transaction from Customers on your behalf immediately upon conclusion of each Transaction and (ii) retain a portion of such fees ("LogOnFixIt Service Fee"). The current LogOnFixIt Service Fee is twenty five percent (25%) of the fee amount charged to a Customer for an LogOnFixIt technician Services session. The LogOnFixIt Service Fee is subject to change by LogOnFixIt at any time. "Transaction" means any completed LogOnFixIt technician Services session (including those delivered via the tools provided within the LogOnFixIt platform installation) for which a "Session Report" has been delivered to the Customer by the LogOnFixIt technician. Under no circumstances will any payment be due to an LogOnFixIt technician from LogOnFixIt where a Transaction has not occurred and the Customer has not paid for the relevant LogOnFixIt technician Service session.

(b)(1) In the event that an LogOnFixIt technician refers a case to another LogOnFixIt technician before a Customer has accepted an LogOnFixIt technician's offer, the last LogOnFixIt technician to refer the case will receive a commission of ten percent (10%) of the total fee amount charged to the Customer less the LogOnFixIt Service Fee. The LogOnFixIt technician that conducts the referred Transaction will be paid the total fee amount charged to the Customer less the LogOnFixIt Service Fee, and less the commission paid to the last LogOnFixIt technician to refer the case.

(b)(2) In the event that an LogOnFixIt technician forwards a case to another LogOnFixIt technician after a Customer has accepted an LogOnFixIt technician's offer from an LogOnFixIt technician, the last LogOnFixIt technician to forward the case will receive a commission of twenty percent (20%) of the total fee amount charged to the Customer less the LogOnFixIt Service Fee. The LogOnFixIt technician that conducts the forwarded Transaction will be paid the total fee amount charged to the Customer less the LogOnFixIt Service Fee, and less the commission paid to the last LogOnFixIt technician to forward the case.

For the purpose of clarity, where a case is referred or forwarded a commission is only paid to the last LogOnFixIt technician to forward or refer a case prior to the ultimate execution of the Transaction by the receiving LogOnFixIt technician.

(c) Subject to Section (g) below, LogOnFixIt will pass funds collected from Customers to LogOnFixIt.Com™ on a monthly basis for all fees collected from Customers for LogOnFixIt technician Services rendered in the immediately preceding month less the LogOnFixIt Service Fee. If the amounts due to an LogOnFixIt technician in any month are less than thirty dollars ($30) then LogOnFixIt may wait to pass the funds collected from Customer on to the LogOnFixIt technician until the end of the month in which at least thirty dollars ($30) is due or at another time to be determined by LogOnFixIt in its sole discretion.

(d) The Customer will be asked to provide payment details to LogOnFixIt during the LogOnFixIt technician Services session. It is strongly recommended that the LogOnFixIt technician confirm with the Customer, via chat or phone, that these steps have been completed by the Customer. Please refer to the payment settlement status indicator available within the LogOnFixIt technician's workspace.

(e) Payments due to LogOnFixIt.Com™ will be delivered by online method emailed from LogOnFixIt.Com Inc or check to the billing address that the LogOnFixIt technician provides in his or her LogOnFixIt profile. All monies provided to LogOnFixIt.Com™ by LogOnFixIt will be provided by LogOnFixIt in U.S. dollars. You are solely responsible for all costs incurred by you in using the Site and providing LogOnFixIt technician Services and determining, collecting, reporting and paying all applicable state and federal sales, income and other taxes. LogOnFixIt will only pass funds on to the LogOnFixIt technician when LogOnFixIt has actually collected payment from the applicable Customer. LogOnFixIt may institute a chargeback policy as it deems appropriate in the event that the Customer or Customer's bank does not honor a payment obligation or if LogOnFixIt questions its ability to collect funds.

(f) Money Back Guarantee: Where a Customer requests a refund for an LogOnFixIt technician Services session and such request for a refund is granted in the sole discretion of LogOnFixIt, the LogOnFixIt technician will not be paid for the relevant LogOnFixIt technician Services session about which the Customer has complained. If a payment was already delivered to an LogOnFixIt technician the amount will be deducted from the LogOnFixIt technician's future earnings.

(g) Free Session Coupon Redemption: When a Free Session Coupon is redeemed by a Customer, LogOnFixIt.Com™ will not be paid for the Transaction and no fees will be due to the LogOnFixIt technician other than in accordance with this Section. In the event that a Customer redeems a Free Session Coupon, LogOnFixIt will "sponsor" the relevant LogOnFixIt technician Services session for the relevant Transaction and pay a twenty dollar and twenty five cents ($20.25) (USD) fee to the LogOnFixIt technician for each LogOnFixIt technician Services session where a Free Session Coupon is redeemed. The sponsored amount is subject to change by LogOnFixIt at any time.

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