Terms of Service

Effective April 16, 2001

1. Amendment. The Company may modify this agreement at any time in its sole discretion. Any modification is effective immediately upon either a posting on the Company's Contracts Page, currently located at URL: " http://www.chatty-people.com/contract.htm " , or by a message from the Company sent by electronic mail, or by conventional mail. If any modification to this agreement is unacceptable to you, you may immediately terminate your subscription as provided in this agreement. However, if you do not terminate your registration, or continue to use the Company Service, following notice of any modification to this agreement, your continued use will mean that you have accepted that modification.
2. Use of the Service. Under the terms of this agreement, you may only use the Company Service through one telecommunications connection at any given time.
3. Disclaimer. The Company Service is provided on an AS IS, AS AVAILABLE BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE COMPANY SERVICE WILL BE ERROR-FREE, SECURE OR UNINTERRUPTED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY THE COMPANY, ITS EMPLOYEES, LICENSORS OR THE LIKE, WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE. The terms of this Section will survive any termination of this agreement.
4. Information and Products. You acknowledge that except for information products or services clearly identified as being supplied by the Company, neither the Company nor any of its suppliers, licensor, or affiliates ("Affiliates") operates or controls any information, products or services accessible through the Company Service in any way and that, except for such the Company identified information, services or products, all merchandise, information and services offered or made available or accessible through the Company Service are offered or made available or accessible by third parties who are not affiliated with the Company or its Affiliates. YOU ACKNOWLEDGE THAT USE OF THE COMPANY SERVICE IS AT YOUR SOLE RISK AND YOU AGREE THAT ANY INFORMATION, SERVICE OR PRODUCT ACCESSIBLE THROUGH THE SERVICE IS WITHOUT WARRANTIES OF ANY KIND BY THE COMPANY AND ITS AFFILIATES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. The terms of this Section will survive any termination of this agreement.
5. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL THE COMPANY, OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE COMPANY SERVICE, including but not limited to reliance on any information obtained on the Company Service; or that result from mistakes, omissions, interruptions, deletion of files or e-mail, loss of or damage to data, errors, defects, viruses, delays in operation, or transmission, or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to the Company's records, programs or services. YOU HEREBY ACKNOWLEDGE THAT THIS PROVISION WILL APPLY WHETHER OR NOT THE COMPANY IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY TO ALL CONTENT, MERCHANDISE OR SERVICES AVAILABLE FROM THE COMPANY OR ITS AFFILIATES. The terms of this Section will survive any termination of this agreement.
6. Personal Information. You hereby certify to the Company that you are not a minor. (A minor's parent or legal guardian may authorize a minor to use his/her account(s) under supervision by the parent or guardian). For purposes of identification, billing and marketing, you must provide the Company with accurate, complete, and updated information required by the registration to the Company Service ("Member Registration Data"), including your legal name, address, telephone number(s), and applicable payment data (for example, a credit card number and expiration date). You must notify the Company within 30 days of any changes in your Member Registration Data. The Company may require a copy of a state issued form of identification before making changes to the billing information or registration data on a Customer's account.
7. Accounts and Passwords. This agreement applies to all accounts, sub-accounts, alternative account names associated with your principal account. You are responsible for the use of each of your accounts, whether used under any name or by any person, and for ensuring full compliance with this agreement by all users of that account. An Company Service account may not be transferred without prior written approval from Company. You are responsible for maintaining the confidentiality of your passwords. In the event of a breach of security through your account, you will be liable for any unauthorized use of the Company Service until you notify the Company customer service via e-mail at sales@logicians.com.
8. Access. The Company reserves the right to limit, restrict or prioritize access to system resources, including CPU time, memory and disk space.
9. At-Will Termination. This agreement will become effective on the date the Company receives your first payment, or your acceptance of this agreement and will remain in effect unless terminated by either party pursuant to this agreement. You may terminate the agreement and your subscription at any time for any reason or no reason. The Company may immediately restrict, suspend or terminate without notice, your access to and use of the the Company Service upon any breach of this agreement. The Company may also terminate the agreement at any time for any reason or no reason, upon 10 days' prior notice. In the event of any termination for breach of this agreement, you may not establish a new subscription with the Company for one year from the date of termination. Upon and after termination, the Company will not be obligated to provide you with access to any stored e-mail or content related to your account. Your only right with respect to any dissatisfaction with any terms, rules, policies, guidelines, or practices of the Company in operating the the Company Service, any change in the content of the Company's Service, or any change in the amount or type of fees charged in connection with the Company Service, is to terminate this agreement by delivering notice to the Company, effective the day the Company receives notification of termination.
10. Misuse. You agree to use the Company's services only for your self-improvements, and not to misuse the Company's Service in any way whatsoever, such as extensive needless downloads of tutorials causing bandwidth limits to be exceeded at the Company's sites or site. You agree that all material provided by the Company is copyrighted. Any breach of copyright or deliberate misuse may result in the Company seeking legal remedies against you for any damages incurred as a result of such use, or an injunction. The Company Services in California and other jurisdictions.
11. Indemnity. Upon request of the Company, you shall defend, indemnify and hold harmless the Company, its officers, directors, employees, agents and licensees, from any claims, losses, damages, expenses, and fees including without limitation reasonable attorneys fees, arising out of or relating to your use of the Company Service, including without limitation any violation by you of this agreement. The terms of this Section will survive any termination of this agreement.
12. Entire Agreement. This agreement constitutes the entire agreement between you and the Company with respect to the Company Service and supersedes all prior agreements between you and the Company. The Company's failure to enforce any provision of this agreement will not be construed as a waiver of any provision or right. In the event that a portion of this agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect.
13. Assignment and Resale. You may not resell or sell the Company Service to any other party. You may not assign this agreement or any of its rights or obligations without the prior written consent of the Company, and any such attempted assignment will be void. Subject to the above, this agreement will be binding upon the parties' respective successors and permitted assigns.
14. Notices. Any notices in connection with this agreement must be sent to each party as follows: if to the Company: Trevor Oakley, Friedberger Landstr. 287c, 60389, Frankfurt am Main, Germany, sales@logicians.com, if to you: either the e-mail address for your account, or the address supplied by you as part of the Member Registration Data. Any notices or communication under this agreement will be deemed delivered to the party receiving such communication on the delivery date if delivered personally to the party; (2) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, whether or not received, if sent by US mail, return receipt requested; (4) on the delivery date if transmitted by confirmed facsimile or (5) on the delivery date if transmitted by confirmed e-mail.
15. Force Majeure. The Company will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen contingency beyond the reasonable control of such party including without limitation Internet outages, communications outages, fire, flood, war or act of God.
16. General Terms. Interpretation and enforcement of this agreement will be governed by the laws of the state of California (excluding its choice of law rules). You hereby consent to personal jurisdiction in the federal and state courts of Santa Clara County, California for any action arising out of or relating to your use of the the Company Service. The federal and state courts of Santa Clara County, California will have exclusive jurisdiction over all such actions. In any such action, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney's fees. The terms of this Section will survive any termination of this agreement.