Terms and Conditions
THIS IS A LEGAL AGREEMENT BETWEEN YOU (AN INDIVIDUAL OR SINGLE ENTITY) AND LOGAN INDUSTRIES, INC. A FLORIDA CORPORATION AND REFERRED TO AS LII FROM HEREON.
BY USING THE SERVICE COVERED UNDER THIS AGREEMENT, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE FOLLOWING TERMS AND CONDITIONS STATED HEREIN, DO NOT USE THIS WEBSITE OR INSTALL ANY OF ITS SOFTWARE COVERED UNDER THIS AGREEMENT.
Descripton of Service
LII offers the BackEcho Service, from hereon referred to as BackEcho, as both a free and a paid service. BackEcho allows you to monitor network availablity of devices such as websites, servers, networking devices, and so on.
You agree that before you monitor a website or networked device you obtain permission from the owner of such website or device to do so. Permission must be verifiable.
Subscription to BackEcho
You may subscribe to BackEcho by completing the registration form on the BackEcho website. You agree to provide true and current information about yourself. You agree to maintain your registration information to be true and current. If LII suspects that the information you provide is not true or current, or you provide information that is not true, accurate, and current, then LII reserves the right to terminate your subscription to BackEcho without notice.
Right to modify or discontinue BackEcho
LII reserves the right to modify or to discontinue, from time to time, temporarily or permanently, any part of, or all of BackEcho, with or without notice. You agree that LII shall not be liable to you or any third parties for any harm or damages related to or arrising out of modification or discontinuation of BackEcho.
Notifications from BackEcho
BackEcho may notify you from time to time using E-mail or SMS messages. You understand that these messages are part of BackEcho and that you may not be able to opt out of such notification messages.
LII may use e-mail notifications from time to time to inform you of any changes to BackEcho.
BackEcho and the BackEcho logo are trademarks of LII. You may use the BackEcho name only in the context of the describing the BackEcho service. You must give credit to LII as the owner of the trademark. Other logos and trademarks used on the BackEcho website are the property of the repective trademark owners.
THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED ON BACKECHO, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE. LII MAKES NO WARRANTY THAT BACKECHO WILL BE UNINTERRUPTED, TIMELY, OR SECURE. USE OF BACKECHO IS AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE USE OF BACKECHO. NO INFORMATION OBTAINTED BY YOU FROM LII OR ITS REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
Limitation of Liabilty
THE LIABILITY OF LII, ITS AGENTS AND EMPLOYEES, FOR ACTUAL DAMAGES RESULTING FROM THE USE OF BACKECHO, SHALL, REGARDLESS OF THE FORM OF THE ACTION, BE LIMITED TO THE CANCELLATION OF THE BACKECHO SERVICE. IN NO EVENT SHALL LII BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTIONS, LOSS OF INFORMATION OR ANY OTHER LOSS ARRISING OUT OF OR CAUSED BY YOUR USE OF INABILITY TO USE BACKECHO, EVEN IF LII HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. The exclusion of limitation of liability for conequential of incidental damages may not apply to you if your state does not permit such exclusion or limitation of liability.
You agree to indemnify and hold harmless LII, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attourney's fees and costs) arising out of or relating to any claims that you have used BackEcho in violation of another party's rights, in violation of any law, in violation of any provisions of these Terms and Conditions, or any other claim related to your use of BackEcho.
Jurisdiction, Governing Law
LII and you agree that the laws of the state of Florida will govern any dispute arising from or relating to this Agreement. The parties submit to the jurisdiction of the state of Florida and federal courts for or in Brevard County, Florida, and agree that any legal action or proceeding relating to this Agreement may be brought in those courts.