Terms of Use

THIS IS A LEGAL AND BINDING AGREEMENT BETWEEN YOU AND ILOGON INC. (ILOGON) USE OF THE SERVICE, WILL SERVE AS YOUR AGREEMENT TO COMPLY WITH THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT. ANY REFERENCE TO “ILOGON” IN THIS AGREEMENT INCLUDES ANY DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, OWNERS, AGENTS, LICENSORS OR LICENSEES OF ILOGON. AS USED IN THIS AGREEMENT, THE WORDS “YOU” AND “YOUR” REFER TO YOU AS THE PARTY AGREEING TO THE TERMS AND CONDITIONS TO USE THE SERVICE; THE WORDS “WE”, “US”, “OUR” AND ANY OTHER VARIATION THEREOF REFER TO ILOGON.

1. ACCEPTANCE OF TERMS

ILOGON PROVIDES ITS SERVICE TO YOU, SUBJECT TO THE FOLLOWING AGREEMENT, WHICH MAY BE UPDATED BY US AS NECESSARY. THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN YOU AND ILOGON AND SUPERSEDES ALL OTHER AGREEMENTS, BOTH WRITTEN OR ORAL, REGARDING THIS SERVICE. YOU AGREE THAT ILOGON DOES NOT NEED TO NOTIFY YOU OF ANY CHANGES TO THIS AGREEMENT. AT ANY TIME YOU CAN REVIEW THE MOST CURRENT VERSION OF THE AGREEMENT ONLINE AT WWW.ILOGON.COM.

2. DESCRIPTION OF SERVICE

iLogon currently provides each user with access to subscription based websites via the iLogon Site (collectively, the “Service”). In order to receive the Service, you will need to sign up for an iLogon account, then select from the list of 3rd party services offered by iLogon. You agree that your provision of the account access and/or personal information is your agreement and authorization for iLogon to serve as your agent to transact with your selected service providers. Further, you warrant that you are authorized to appoint iLogon as your agent to interact with such service providers. Each time you use the Service, you are appointing iLogon as your agent to process your request through or with such service providers. iLogon may modify the terms of this Agreement, and may discontinue or revise any or all other aspects of the Service in its sole and absolute discretion and without prior notice.

In order to use the Service, you must obtain access to the Internet, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the Internet, including a computer and modem or other access device.

3. PRIVACY

Registration data and other information about you are subject to our Privacy Policy, which can be access at www.ilogon.com. Your information may be stored and processed in the United States or any other country where iLogon has facilities, and by subscribing to a Service, you consent to the transfer of information outside of your country. If you access a Service using a password, you are solely responsible for maintaining the confidentiality of that password. If you provide someone else with access to your password to a Service, they will have the ability to view information about your account and make changes through the website for the Service. Similarly, if you tell someone the answer to your security question for a Service, they will be able to request information about your account and make changes through Customer Service. You agree to notify us promptly if you change your address or email so we can continue to contact you and send any notices required hereunder. If you fail to notify us promptly of a change, then any notice we send to your old address or email shall be deemed sufficient notice.

4. MEMBER ACCOUNT, PASSWORD AND SECURITY

You will receive a username and password upon completing the registration process to the Service. You warrant that you are at least eighteen (18) years old and are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to: (a) notify us immediately of any unauthorized use of your password or account, or if you believe your password has been lost or stolen or any other breach of security; (b) ensure that you exit and logoff from your account at the end of each session; and (c) accept responsibility for all usage of the Service and any fees associated with use of other services accessed through the Service on your account whether or not authorized by you. iLogon cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 4.

5. TERM

This Agreement will be in effect from the date of your completed registration with iLogon. Either you or iLogon may terminate this Agreement at any time with or without notice. The provisions and all obligations of and restrictions on you and any user of your account with respect to the Service shall survive any termination of this Agreement. You hereby expressly authorize iLogon to act as your agent and to process requests for your accounts through or with any service provider for whom you purchase via the Service or provide us account access information. You authorize iLogon to legally represent you to your service providers through this interface. You are granting us the legal power of attorney to access your accounts and take whatever actions necessary to provide services under this Agreement.

You agree that iLogon, in its sole and absolute discretion, may terminate your password, account (or any part thereof) or use of the Service, for any reason, including, without limitation, for lack of use or if iLogon believes that you have violated or acted inconsistently with the letter or spirit of the Agreement. iLogon may, also, in its sole and absolute discretion, and at any time, discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that iLogon may immediately deactivate or delete your account and all related information and files in your account and/or prohibit any further access to all files or the Service by you. Further, you agree that iLogon shall not be liable to you or any third party for any termination of your access to the Service.

6. FEES AND PAYMENT

You agree to pay the subscription fees and any other charges incurred in connection with your user name and password for a Service (including any applicable taxes) at the rates in effect when the charges were incurred. We will bill all charges automatically to your credit card. Subscription fees will be billed at the beginning of your subscription or any renewal. Unless we state in writing otherwise, all fees and charges are nonrefundable. We may change the fees and charges then in effect, or add new fees or charges, by giving you notice in advance. If you want to use a different credit card or there is a change in credit card validity or expiration date, or if you believe someone has accessed a Service using your user name and password without your authorization, you must follow the procedures outlined in the Help section of the Service. You are responsible for any fees or charges incurred to access a Service through an Internet access provider or other third-party service.

7. INDEMNITY

You agree to indemnify and hold iLogon, and its subsidiaries, affiliates, officers, agents, partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party (including but not limited to your service providers) due to or arising out of your use of the Service, 3rd party services accessed through the Service, your connection to the Service, your violation of the Agreement, or your violation of any rights of another.

8. DISCLAIMER

iLogon relies on third party service providers whom iLogon believes are reliable. Information, data, news and other information contained, accessible or made available through this Site, however, is generated or provided by third parties and iLogon makes no representation or warranty of any kind whatsoever as to the accuracy, truthfulness, usefulness, timeliness or completeness of any of the content herein or accessible hereby in whole or in part. Further, any information, service, data, news or other information accessible or made available through this Site may contain errors, defects or be unreliable, and iLogon makes no effort to review, check or verify any news, data or other information accessible or made available through this Site. iLogon assumes no responsibility for the accuracy, truthfulness or usefulness of the data, services, information or other content on this Site or accessible though this Site, and iLogon shall have no responsibility to correct or update any data, information or content on this Site. You assume full and complete responsibility for reviewing and verifying any and all data, information, and content, including without limitation its usefulness, truthfulness, accuracy, completeness or currency.

THE SERVICE, INFORMATION, DATA, FEATURES AND ALL CONTENT, IS OFFERED AND MADE AVAILABLE HEREIN ON AN “AS IS” BASIS. IN NO EVENT SHALL ILOGON BE LIABLE TO YOU, YOUR COMPANY, EMPLOYEES, AGENTS, THIRD PARTIES, ASSOCIATES, PARTNERS, OR ANYONE ELSE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR INDIRECT DAMAGES OF ANY KIND WHATSOEVER, INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOSS OR IMPAIRMENT OF USE, DATA, OR PROFITS, YOU OR ANYONE ELSE MAY INCUR RELATING TO YOUR USE OR ACCESS TO THIS SITE, OR THE USE OR ACCESS HERETO BY ANYONE ELSE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES, AND AS A CONDITION TO USE OR ACCESS ANY SUCH INFORMATION, YOU EXPRESSLY WAIVE ANY AND ALL CLAIMS YOU MAY HAVE OR ASSERT AGAINST ILOGON RELATING DIRECTLY OR INDIRECTLY TO ACCESSING OR USING OR RELIANCE UPON ANY SUCH INFORMATION OR DATA BY YOU OR ANYONE ELSE. THE TERM “DAMAGES' AS USED HEREIN INCLUDES, WITHOUT LIMITATION, ANY AND ALL LIABILITY, LOSS, DAMAGE, INJURY, CLAIM, FOUNDED OR UNFOUNDED, EXPENSE, FEE OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ATTORNEYS OR ACCOUNTANTS FEES.

ILOGON MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER REGARDING ANY CONTENT CONTAINED ON THIS SITE, INCLUDING, WITHOUT LIMITATION, SERVICE, NEWS, DATA, INFORMATION OR CONTENT OF ANY KIND, OF THE USEFULNESS, RELIABILITY, TRUTHFULNESS, ACCURACY, TIMELINESS OR COMPLETENESS TO YOU OR ANYONE ELSE, INCLUDING WITHOUT LIMITATION WARRANTY OF MERCHANTABILITY, WARRANTY OF FITNESS FOR PARTICULAR PURPOSE OR USE, WARRANTY OF NON-INFRINGEMENT, WARRANTY OF TITLE, OR WARRANTY OF ANY KIND.

ILOGON MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND THAT THIS SITE OR ANY CONTENT HEREIN OR AVAILABLE FROM OTHER SITES ACCESSIBLE HEREBY, INCLUDING, WITHOUT LIMITATION, SOFTWARE OR FILES ACCESSIBLE OR MADE AVAILABLE FOR DOWNLOAD HEREFROM, ARE FREE OF OR FROM TECHNOLOGICALLY UNSTABLE FILES OR CHARACTERISTICS, OR BUGS, VIRUSES, ERRORS, DEFECTS, PROBLEMS, TROJAN HORSES, WORMS, OTHER LIMITATIONS OR OTHER CODES OR DEFECTS THAT MAY HAVE CONTAMINATING OR DESTRUCTIVE PROPERTIES OR CHARACTERISTICS OR ADVERSE EFFECTS ON YOUR SOFTWARE OR HARDWARE. YOU ASSUME ALL RISKS AND RESPONSIBILITY FOR USE OR RELIANCE UPON THIS SITE OR ANY INFORMATION OR DATA SET FORTH HEREIN.

IF YOU ARE DISSATISFIED WITH THIS SITE OR ANY FEATURES OR INFORMATION HEREIN OR ACCESSIBLE HEREFROM, OR ANY OF THE AGREEMENT, OR OPERATION OF THE SITE OR ANY OF ITS FEATURES, YOUR SOLE REMEDY SHALL BE TO DISCONTINUE USE OF THE SITE AND ITS FEATURES.

9. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT ILOGON SHALL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES (EVEN IF ILOGON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING IN CONNECTION WITH THIS SERVICE OR ANY LINKED SITE OR USE THEREOF OR INABILITY TO USE BY ANY PARTY, OR IN CONNECTION WITH ANY FAILURE OR PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, VIRUS, NETWORK OR SYSTEM FAILURE OR RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE TIMELINESS OR ACCURACY OF SERVICE (iii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (vi) ANY OTHER MATTER RELATING TO THE SERVICE.

In the event that a court should hold that the limitations of liabilities or remedies available as set forth in this Agreement, or any portions thereof, are unenforceable for any reason, or that any of your remedies under this Agreement fail of their essential purpose, you expressly agree that under no circumstances shall iLogon's total liability to you or any party claiming by, through or under you for any cause whatsoever, and regardless of the form of action, whether in contract or in tort, including negligence or strict liability, in the aggregate, exceed $1,000 (U.S.). If your Account Login Information is improperly disclosed to a third party without your consent, and this disclosure is the direct result of iLogon's gross negligence in operating the Service, then you and iLogon agree that iLogon's liability for your direct and actual damages in this circumstance shall not, in the aggregate, exceed $1,000 (U.S.).

10. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 7 AND 8 MAY NOT APPLY TO YOU.

11. REMEDIES OF USER

Your sole and exclusive remedy for any failure or non-performance of the Service including any associated software or other materials supplied in connection with the Service shall be for iLogon to use commercially reasonable efforts to effectuate an adjustment or repair of the Service. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

12. MODIFICATIONS TO SERVICE

iLogon reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that iLogon shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service, beyond refunding pre-paid subscription fees for the period beyond suspension of services.

13. DEALINGS WITH THIRD PARTIES

Your correspondence or business dealings with, or participation in promotions of, third parties found on or through the Service, including delivery of related goods or services, and any other terms, conditions, warranties or representations associated with these dealings, are solely between you and the third party. You agree that iLogon shall not be responsible or liable for any loss or damage of any sort incurred as the result of any of these dealings or as the result of the presence of such third party on the Service.

14. NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Service, you represent and warrant to iLogon that you will not use the Service for any purpose that is unlawful or prohibited by this Agreement. You may not use the Service in any manner, which could damage, disable, overburden, or impair the Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Service.

15. LINKS

The Service may provide, or third parties may provide, links to other sites or resources. Because iLogon has no control over these sites and resources, you acknowledge and agree that iLogon is not responsible for the availability or functionality of these external sites or resources, and has not and does not endorse, review or approve, and is not responsible or liable for any content, advertising, products, or other materials on or available from these sites or resources. You link to other sites at your own risk.

16. INTELLECTUAL PROPERTY

All content on this Service, including, without limitation, any and all materials, information, text, data, contents, names, trade names, trademarks, trade dress, service marks, lay out, logos, designs, images, graphics, illustrations, artwork, icons, photographs, displays, sound, music, video, animation, organization, assembly, arrangement, and all intellectual property of any kind whatsoever, is owned exclusively by iLogon, or the licensors or suppliers of iLogon and is protected by U.S. and international copyright and intellectual property laws. All rights are hereby reserved. Without limiting the foregoing, no content on this Service may be copied, reproduced, duplicated, published, or distributed in any form or by any means whatsoever without the express prior written permission of iLogon or the appropriate licensor or supplier.

17. LICENSE
iLogon grants you a personal, non-transferable and non-exclusive right and license to use the object code of its software on a single computer and access the Service; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the software. You agree not to modify the software in any manner or form, or to use modified versions of the software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by iLogon for use in accessing the Service.

Any feedback, questions, comments, suggestions, ideas or the like, which you send to iLogon will be treated as being non-confidential and nonproprietary. iLogon will also be free to use any ideas, concepts, know-how or techniques contained in all information for any purpose, whatsoever, including, but not limited to, developing, manufacturing and marketing products and services incorporating all information. Any submission to this Service shall be deemed and remain the property of iLogon. iLogon shall be free to use, for any purpose, any idea, concepts, or techniques contained in information that you provide to us.

All product and service marks contained on or associated with the Service that are not iLogon Marks are the trademarks of their respective owners. References to any names, marks, products or services of third parties or hypertext links to third party site or information do not necessarily constitute or imply iLogon's endorsement, sponsorship or recommendation of the third party, information, product or service.

18. NOTICE

Notices to you are generally made via email. The Service may, also, provide notices of changes to this Agreement, the Service or other matters by displaying notices or links to notices on this Site.

19. JURISDICTION; GOVERNING LAW

This Agreement shall be deemed and treated as though it were entered into, executed, and performed solely in Arizona, and the laws of the State of Arizona, without regard for conflict of law rules thereof, apply to all matters relating to use of the Service and shall without limitation govern this Agreement. You agree by use of the Service you do hereby submit to jurisdiction of the courts of Arizona with appropriate subject matter jurisdiction and that any conflict brought or filed with respect to use of the Service or concerning this Agreement shall be brought in a court of competent jurisdiction in Maricopa County, Arizona. In any legal action relating to enforcement or breach of this Agreement, the prevailing party shall be entitled to recovery of costs, fees and expenses of any action, including, without limitation, attorney fees and accounting fees.

20. SITE PROVIDER TERMS OF USE AND OTHER AGREEMENTS

This Agreement applies to the use of the Service provided by iLogon. As part of using the Service, you will be accessing and using 3rd party services provided by iLogon partners, known as Site Providers. The use of these 3rd party services will be governed by any and all End User Agreements provided by these sites. By using the Service, you agree to comply with all rules and regulations set forth in this Agreement for the use of the iLogon Service, and additionally to comply with the agreement of the 3rd party service while using that service provided via iLogon.

21. MISCELLANEOUS

This Agreement shall be interpreted according to its fair meaning and shall not be interpreted strictly against or for either party. This Agreement constitutes the entire agreement with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether, electronic, oral or written, between iLogon and the user of the Service. Headings used herein are for convenience only and shall not limit, control or add to the meaning of any term, provision or condition.