Updated on May 6, 2015
IMPORTANT – READ CAREFULLY:
Customer also hereby acknowledges that LogMeIn has not made any representations, promises or guarantees that the Services will ever be announced or made available to anyone in the future and that LogMeIn has no express or implied obligation to Customer to announce or introduce the Services. With respect to the Services, this subsection shall supersede any other terms and conditions contained herein, but only to the extent necessary to resolve conflict.
1.1. Description. By accepting these terms or using the Services, you understand and acknowledge that the Services are being provided as a “Beta” version and made available on an “As Is” or “As Available” basis. The Services may contain bugs, errors, and other problems. LogMeIn strongly recommends that you back up all data and information prior to using the Services. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH YOUR USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY INTERNET ACCESS FEES, BACK-UP EXPENSES, COSTS INCURRED FOR THE USE OF YOUR DEVICE AND PERIPHERALS, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION OR DATA. In addition, LogMeIn is not obligated to provide any maintenance, technical or other support for the Services.
1.2. Feedback from Users. The Services are made available to you for purposes of evaluation and feedback without any compensation or reimbursement of any kind from LogMeIn. You acknowledge the importance of communication between LogMeIn and you during your use of the Services and participation in the Beta Program and hereby agree to receive related correspondence and updates from LogMeIn. In the event you request to opt out from such communications, your participation in the Beta Program will be canceled. During the Beta Program, you will be asked to provide feedback regarding your use of the Services and you hereby grant to LogMeIn a perpetual, non-revocable, royalty-free worldwide license to use and/or incorporate such feedback into any LogMeIn product or service (including the Services) at any time at the sole discretion of LogMeIn.
1.3. Limitations on Use. Limitations specific to any Service may be contained in the description and documentation of that Service. You may use the Service pursuant to these terms during any period when the Beta Program is live. When a Beta Program is not live, you will no longer have access to the Services. LogMeIn reserves the right to modify or impose any limitations on the use of the Services at any time, with or without notice to you.
2. Account and Use of the Services.
2.1. Registration. You must provide or, if you are an existing customer, maintain current, complete and accurate registration information anytime you register to use the Services, and you are solely responsible for updating such registration information as necessary. LogMeIn reserves the right to terminate your use of the Services immediately in the event any registration information is found to be inaccurate, incomplete and/or not current at any time.
2.2. Account Password/Security. As part of the online registration process, you will choose a password and a user name or, if you are an existing customer, you may be permitted to use an existing password and user name. You are responsible for maintaining the confidentiality of the password and account, and you agree to notify LogMeIn promptly of any unauthorized use of your password or account or of any suspected breach of your account’s security.
2.3. Your Account. You are responsible for any and all activities that occur under your account, including those of you, your employees, and your contractors or agents. You agree to notify LogMeIn immediately of any unauthorized use of your account or any other breach of security. LogMeIn shall not be liable, except to the extent caused by our intentional or grossly negligent breach of these Terms, for any loss that you may incur as a result of a third party using your password or account, either with or without your knowledge. You may be held liable for losses incurred by LogMeIn and/or another party due to a third party using your account or password.
2.5. Voice and Data Transmission Charges. You shall be responsible for all fees and charges imposed on you by your telephone carriers, wireless providers, and other voice and/or data transmission providers for voice and data transmission used by you to access and use the Services, if any.
3. Acceptable Use Policy
You agree not to, and not to allow your Users, including employees and third parties, to use the Services for the following prohibited purposes:
3.1. Improper Use. You shall not access and/or engage in any use of the Services in a manner that (i) abuses or materially disrupts any aspect of the networks, security systems, Services and/or websites of LogMeIn and/or (ii) interferes with the use of the Services by other users; generates or facilitates unsolicited and unauthorized advertising or marketing communications, including spam; and/or (iii) violates or facilitates the violation of the legal rights of others. You agree not to access (or attempt to access) the Services by any means other than through the interface that is provided by LogMeIn in connection with the Services, unless you have been specifically allowed to do so in a separate agreement with LogMeIn.
3.2. Illegal Purposes. You shall not use the Services for fraudulent or illegal purposes, including the storage or transmission of content infringing the intellectual property rights of others, or to communicate any message or material that is deemed harassing, threatening, indecent, obscene, slanderous, defamatory, or otherwise unlawful. You shall not use the Services to intentionally distribute malware, viruses, or any other computer code, files or programs of a destructive or deceptive nature. Your use of the Services must comply with all applicable laws, regulations and ordinances, including any laws regarding the export of data or software.
3.3. Reverse Engineering. Except to the extent permitted by law, you may not modify, distribute, prepare derivative works of, reverse engineer, reverse assemble, disassemble, decompile or otherwise attempt to decipher any code in connection with the Services and/or any other aspect of LogMeIn technology.
You agree that you are solely responsible for (and that LogMeIn has no responsibility to you or to any third party for) any breach of your obligations under these Terms, any applicable third party contract or terms of service, or any applicable law or regulation, and for the consequences (including any loss or damage which LogMeIn and/or any third party may suffer) of any such breach.
5. LogMeIn Content
5.1. Ownership. All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “LogMeIn Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such LogMeIn Content, contained in the Services is owned, controlled or licensed by or to LogMeIn, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. You may be permitted to use LogMeIn Content solely as part of the Services.
5.2. Reproduction. Except as expressly provided in these Terms, no part of the Services and no LogMeIn Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without LogMeIn's express prior written consent.
LogMeIn respects the intellectual property rights of others, and we expect our users to do the same. If you believe the Services have been used in a way that constitutes copyright infringement, please notify us as follows:
Send a message to our Copyright Agent, providing all of the following information, as required by the Digital Millennium Copyright Act (“DMCA”):
- A statement that you have identified content on the Service that infringes a copyright you own or the copyright of a third party for whom you are authorized to act;
- A description of the copyrighted work you claim has been infringed;
- A specific description of where the allegedly infringing material is located on the Services, including a URL or exact description of the content’s location;
- Your full name, address, telephone number, and e-mail address;
- A statement that you 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);
- A statement that, under penalty of perjury, the information in your notice is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; and
- Your electronic or physical signature (e.g., a scanned copy).
Please send your notice by email or regular mail to:
Copyright Agent LogMeIn 7414 Hollister Avenue Goleta, CA 93117 Telephone: +1 805 690 6400 Fax: 1 805 690 6471
LogMeIn reserves the right to delete or disable allegedly infringing content and to terminate the accounts of users who are repeat infringers. LogMeIn also reserves the right to forward the information in the copyright-infringement notice to the user who allegedly provided the infringing content.
7. Proprietary Rights
7.1. LogMeIn Ownership Rights. You acknowledge and agree that LogMeIn (or LogMeIn licensors) own all legal right, title and interest in and to the Beta Program and the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
7.2. LogMeIn Intellectual Property. Unless you have agreed otherwise in writing with LogMeIn, nothing in the Terms gives you a right to use any of LogMeIn trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
7.3. User Content Ownership. LogMeIn acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any user content that you create, submit, post, transmit, display and/or store on, or through, the Services, including any intellectual property rights which subsist in that user content (whether those rights happen to be registered or not, and wherever in the world those rights may exist), except to the extent necessary to provide and operate the Service as intended, and except as provided herein regarding feedback. Unless you have agreed otherwise in writing with LogMeIn, you agree that you are responsible for protecting and enforcing those rights and that LogMeIn has no obligation to do so on your behalf.
8. Limited License from LogMeIn and Restrictions
LogMeIn gives you a personal, limited, worldwide, royalty-free, revocable, non-assignable and non-exclusive license to use the software provided to you by LogMeIn as part of the Services.
9. Modification and Termination of the Service
9.1. Changes to Service. You acknowledge and agree that the form and nature of the Services which LogMeIn provides may change from time to time without prior notice to you.
9.2. Discontinue Use. You may discontinue your use of the Services at any time.
9.3. Termination. Notwithstanding any provision of these Terms, LogMeIn reserves the right to terminate your use of the Beta Program and/or the Services, limit or deny access to the Services and/or participation in the Beta Program at any time in its sole discretion with or without notice.
9.4. Survival of Terms. Upon any termination of the Services under Section 9, these Terms will also terminate, but Sections 5.1, 6, 10, 11, 12, 13, 14 and 15 shall continue to be effective after these Terms are terminated.
10. DISCLAIMER OF WARRANTIES
YOU HEREBY ACKNOWLEDGE AND AGREE THAT THE SERVICES ARE PROVIDED BY LOGMEIN ON AN “AS IS” BASIS AND AS AVAILABLE, AND YOUR ACCESS TO AND/OR USE OF THE LOGMEIN WEBSITES, LINKED SITES, BETA PROGRAM, BETA SERVICES, BETA PRODUCTS AND/OR OF THE SERVICES IS AT YOUR SOLE RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, LOGMEIN EXPRESSLY DISCLAIMS ALL AND YOU RECEIVE NO WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. LOGMEIN MAKES NO WARRANTY THAT ANY OF THE SERVICES WILL MEET YOUR REQUIREMENTS AND/OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY OR ERROR-FREE, NOR DOES LOGMEIN MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR THE ACCURACY OF ANY OTHER INFORMATION OBTAINED THROUGH THE SERVICES OR THAT ANY DEFECTS IN THE PLUG-IN WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED (INCLUDING PLUG-INS) THROUGH THE USE OF ANY OF THE SERVICES IS DONE AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM AND/OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LOGMEIN OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
11. LIMITATION ON LIABILITY
IN NO EVENT SHALL LOGMEIN BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL AND/OR INCIDENTAL LOSS, EXEMPLARY OR OTHER DAMAGES RELATED TO THESE TERMS AND/OR WHETHER DIRECT OR INDIRECT: (i) LOSS OF DATA, (ii) LOSS OF INCOME, (iii) LOSS OF OPPORTUNITY, (iv) LOST PROFITS, AND (v) COSTS OF RECOVERY OR ANY OTHER DAMAGES, HOWEVER CAUSED AND BASED ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), VIOLATION OF STATUTE, OR OTHERWISE, AND WHETHER OR NOT LOGMEIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, LOGMEIN LIABILITY HEREUNDER IS LIMITED TO $50.00. SOME JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to hold harmless and indemnify LogMeIn, its parent company, affiliates and subsidiaries, officers, directors, members of each and all agents, employees, advertisers, licensors, suppliers and/or partners, (collectively "LogMeIn Indemnified Parties") from and against any third party claim arising from or in any way related to (i) your breach of the Terms, (ii) your use of the Beta Program and/or Services, (iii) your violation of applicable laws, rules or regulations in connection with the Services, or (iv) your user content, 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. In such a case, LogMeIn will provide you with written notice of such claim, suit or action.
13. Confidential Information
You acknowledge and agree that: (i) subject to sub-paragraph (iv), the successful market launch of commercial versions of the Services requires you to keep all LogMeIn data, LogMeIn Content and information discussed and/or made available through or contained in Beta Program, including, without limitation, the Services (collectively the "Confidential Information") strictly confidential; (ii) the premature release of any of the Confidential Information would damage LogMeIn competitive edge and intellectual property rights; (iii) the Confidential Information shall not be shared with anyone other than other authorized participants of the same Beta Program; and (iv) only Confidential Information that has been publicly released by LogMeIn may be discussed or shown to the public. Furthermore, you will keep in confidence all passwords and/or other access information related to the Beta Program and Services.
14. Changes to the Terms
14.1. Changes. LogMeIn reserves the right to make changes to the Terms from time to time. When these changes are made, LogMeIn will make a new copy of the Terms available here or otherwise provide notice to you in accordance with Section 15.4.
14.2. Continued Use of Service. You understand and agree that if you use the Services after the date on which the Terms have changed, LogMeIn will treat your use as acceptance of the updated Terms.
15. Additional Terms
15.1. Relationship of the Parties. You and LogMeIn are independent contractors. Use of the Services does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties.
15.2. Assignment. You may not assign your rights or delegate your duties under these Terms either in whole or in part, and any such attempted assignment or delegation shall be void.
15.3. Force Majeure. Neither party will be responsible for any delay, interruption or other failure to perform under these Terms due to acts beyond its reasonable control, but only for so long as such conditions persist. Force majeure events include, but are not limited to: natural disasters (e.g., lightning, earthquakes, hurricanes, floods); wars, riots, terrorist activities, and civil commotions; activities of local exchange carriers, telephone carriers, wireless carriers, Internet service providers, and other third parties; explosions and fires; embargoes, strikes, and labor disputes; governmental decrees; and any other cause beyond the reasonable control of a party.
15.4. Notice. LogMeIn may provide you with notice via email, regular mail and/or postings on the LogMeIn website.
15.5 High-Risk Use. You acknowledge that the Services are not designed or intended for access and/or use in or during high-risk activities including, but not limited to: medical procedures; online control of aircraft, air traffic, aircraft navigation or aircraft communications; or the design, construction, operation or maintenance of any nuclear facility. LogMeIn hereby expressly disclaims any express or implied warranty of fitness for such purposes.
15.6. Compliance with Laws. Both parties agree to comply with all applicable local, state, national and foreign laws, rules, and regulations, including, but not limited to, all applicable import and export laws and regulations, in connection with their performance, access and/or use of the Services. Notwithstanding the preceding sentence LogMeIn does not guarantee that the Services shall be appropriate and/or available for use in any particular location and you are responsible for compliance with local laws to the extent applicable. LogMeIn reserves the right to modify the Beta Program and/or Services for any reason, without notice and without liability to you.
15.7. No Waiver. The failure of either you or LogMeIn in any one or more instance(s) to insist upon strict performance of any of the Terms will not be construed as a waiver or relinquishment of the right to assert or rely upon any such Terms on any future occasion(s).
15.8. Severability. If any provision of the Terms is declared by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be severed from the Terms and the other provisions shall remain in full force and effect. To the extent a provision is deemed invalid, illegal, or unenforceable, the parties agree to comply with the remaining Terms in a manner consistent with the original intent.
15.9. No Third Party Beneficiaries. No person or entity not a party to the Terms will be deemed to be a third party beneficiary of the Terms or any provision hereof.
15.10. Entire Agreement. The Terms set forth the entire agreement and understanding of the parties relating to the Beta Program and the use of the Services and supersedes all prior and contemporaneous oral and written agreements and understandings with respect to the same. Any existing direct sales/subscription agreements, terms of service and/or other agreements in place between you and LogMeIn remain in full force and effect and are not changed by these Terms. No waiver or amendment of any term or condition of the Terms shall be valid or binding on either party unless agreed to in writing by both parties.
15.11. Captions and Headings. Captions and headings are used herein for convenience only, are not a part of the Terms, and shall not be used in interpreting or construing these Terms.
15.12. Controlling Language. The English language version of the Terms shall be the controlling version and is incorporated by reference into any translation of the Terms. Any translation or other language version of the Terms shall be provided for informational purposes only.
15.13. References. Pronouns contained in the Terms shall apply equally to the feminine, neuter and masculine genders. The singular shall include the plural, and the plural shall include the singular.
15.15. Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of California, exclusive of any provisions of the United Nations Convention on Contracts for Sale of Goods, including any amendments thereto, and without regard to principles of conflicts of law. Any litigation or other dispute resolution between you and LogMeIn arising out of or relating to these Terms or your use of the Services shall be instituted in a state or federal court in Santa Clara County, California. You and LogMeIn hereby consent to the personal jurisdiction of and exclusive venue of these state and federal courts with respect to any such litigation or dispute resolution.