Logika International, LLC TERMS OF USE 

Please read the following Logika International, LLC Terms of Use (“Terms”) carefully. They govern your use of Logika International, LLC’s (“Logika”) website (the “Site”) and related services (collectively, the “Services”).  By using the Services, you acknowledge that you have read and understood all of the Terms, and you agree to be bound by these Terms.  If you do not agree to these Terms, please do not use the Services.

Logika reserves the right to change the Terms under which the Services are offered in its sole and absolute discretion at any time without notice.  Any such changes will be posted on the Site.  It is your responsibility to review these Terms for any changes each time that you use the Services.  All changes to the Terms are effective from the date posted.  If you do not agree to the amended Terms, you must stop using the Services.  You will be deemed to have accepted the amended Terms if you continue to use the Services after such amended terms are posted on the Site.

Description of the Site

The Site enables users to review information regarding Logika and its offered services.  The services offered by Logika include, but are not limited to, workforce education presentations, career and workplace workshops, workforce development consulting and career coaching.

Registration for the Services

In order to access and use certain of the Services, you must set up a user account (“Your Account”) and abide by these Terms. In setting up and maintaining Your Account, you agree to provide accurate information regarding your identity, your contact information, and any other information requested by Logika related to the Services. You will set your own password for accessing the Services and shall be solely and strictly liable for everything that occurs through the use of Your Account.  You are responsible for maintaining the confidentiality of your password and for restricting access to your computer and mobile device, and you agree to accept responsibility for all activities that occur under Your Account or password.  You are prohibited from selling, trading or otherwise transferring Your Account to another party or charging anyone for access to any portion of the Site.  You agree to immediately notify Logika of any unauthorized use of your password or Your Account, or any other breach of security of which you become aware.  If you are under thirteen (13) years of age, you may use the Site only with the express permission and involvement of your parent or guardian.

By setting up Your Account and using the Services, you represent and warrant that (a) you have not previously been suspended or removed from the Site; (b) are not a direct competitor of Logika; (c) that you have full power and authority to agree to these Terms; and (d) that you expressly agree that you will receive communications from Logika, including email messages and/or text messages.  You acknowledge and agree that you consent to the receipt of such messages and that you receipt of such messages does not violate the CAN-SPAM Act and/or any state and federal laws related to Do-Not-Call registries.  You may stop receiving such messages by following the opt-out instructions provided by Logika in any such communication.

Your Use of the Site and the Services

You may use the Site and the Services only for legal and appropriate uses.  Logika reserves the right to make changes to the Site and the Services at any time and without notice. Your access to and use of the Site and the Services is completely at the discretion of Logika, and your access to and use of the Site and the Services may be blocked, suspended, or terminated without prior notice at any time for any reason or for no reason, including, without limitation, for any violation of the following rules:

• You must comply with all state, federal, and/or international laws, rules, policies and/or licenses governing communications while using the Site and the Services.
• You may not impersonate any other persons or otherwise misrepresent your identity or your affiliation with any person, group or entity when using the Site or the Services.

• You may not use the Site or the Services for your own commercial purposes.
• You may not interfere or attempt to interfere with the Site or the Services or another person’s use of the Site or the Services by use of any program, script, command, device, software, routine, or otherwise.
• You may not attempt to gain unauthorized access to any portion or feature of the Site or the Services, by hacking, password “mining” or any other illegitimate means.
• You may not embed any page of the Site in “frames” running from other websites.
• You may not mirror the Site or the Services on any other website or server.

• You may not remove any copyright, trademark or other proprietary rights notices contained in or on the Site or the Services.
• You may not transmit any worms, Trojan Horses, viruses, defects, or any items of a destructive nature.
• You may not use automated means (such as harvesting bots, robots, spiders, or scrapers) to access the Site.

In addition, you acknowledge that the functional use of the Site and the Services may be dependent on the data related to your geographic location and geopositional data.  Accordingly, you agree that your failure to provide (or make accessible) that data may limit the functionality of the Site and the Services.

License and User Content

Logika grants you a limited, non-exclusive, non-transferable license to access and use the Site and the Services in legally authorized jurisdictions for personal non-commercial purposes.  However, you may not download or modify the Site, or any portion of the Site, except with express written consent of Logika.  The Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Logika. Any unauthorized use of the Site shall automatically terminate the license granted to you by Logika for such use.

You shall be solely responsible for your actions and the contents of your transmissions to the Site. Although Logika does not claim ownership of any of the photographs, videos, information, materials and other content that you submit via the Site (collectively, “Your Content”), by submitting Your Content via the Site, you automatically grant Logika an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce and distribute Your Content on or in connection with the Site.  Further, by submitting any information to Logika, you represent and warrant that you have the legal right to do so and that such submission is accurate, complete, current, and is not in violation of any contractual restrictions or other third party rights.

Ownership

The Services are licensed to, and not sold to, you for use under these Terms.  All rights in the Services not expressly granted to you shall be deemed as reserved for the exclusive use by Logika.  You acknowledge and agree that the Services, all patent rights, trade secret rights, design rights, copyrights, trademark rights, and other property rights in the Site and the Services shall at all times remain the sole property of Logika. You will not acquire any right, title or interest in or to the Site or the Services by reason of these Terms, except for the non-exclusive license to use the Services in accordance with these Terms.

Except as otherwise noted herein or otherwise on the Site, all information, documentation, and other content posted on the Site is the property of Logika, its affiliates, and/or its licensors. The graphics, icons, and overall appearance of the Site is the property of Logika. The posting of information, documentation, and other content does not constitute a waiver of any of Logika’s, an affiliate’s, and/or a third party licensor’s proprietary rights in such information, documentation, and other content (such as, but not limited to, copyrights or trademarks) or a transfer of any such rights to you or any third party.  The information, documentation, and other content posted on the Site is protected by U.S. and international copyright laws, both as individual works and as collections. You agree not to delete any copyright or similar notice from any information, documentation, and other content you obtain from the Site.  You may not sell, republish, frame in another webpage, or use on another website, any of the information, documentation, and other content, or any portion thereof, posted in or on the Site without the prior written consent of Logika.  You may view, print, copy, and download portions of the information, documentation, and other content of the Site solely in connection with your use of the Site, and solely for your own individual, internal, non-commercial use or records.  Logika and its affiliates reserve the right to revoke this authorization at any time.

Dealings with Third Parties and Links

The Site may contain links to other third party external sites.  The links are provided “as is.”  You should be aware that you use them at your own risk.  Your participation, communication or business dealings with any third party found on or through the Site, regarding the payment and delivery of the related goods or services, or any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party.  Logika does not endorse, and Logika is not liable for, any content, products, services, software or other materials available on such other sites, even if a page or pages of the other sites are framed with a page of the Site.  Logika is not responsible for the privacy practices or the content of other sites.  For your protection, please refer to the terms of service/use and privacy policies of the respective sites.  You acknowledge, understand and agree that Logika shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such other sites.  Logika shall not be liable for any errors or delays in the content, goods or services available on such other sites, or for any actions taken or not taken in reliance thereon.

Disclaimer

TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND THE SERVICES ARE PROVIDED ON AN “AS IS” “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.  Logika DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SITE OR THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE, OR VIRUS FREE, OR THAT THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.  INFORMATION OBTAINED THROUGH THE SITE OR THE SERVICES HAS NOT BEEN VERIFIED, AND Logika DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT SUCH INFORMATION IS USEFUL, SUITABLE, ACCURATE, COMPLETE, RELIABLE, OR OTHERWISE VALID.

Logika DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, TRADE USAGE, OR TRADE PRACTICE.

Logika MAKES NO WARRANTY OR REPRESENATION THAT THE SITE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.  FURTHER, Logika MAKES NO WARRANTY OR REPRESENATION THAT THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR THAT ANY IDENTIFIED ERRORS WILL BE CORRECTED.  IN PARTICULAR, OPERATION OF THE SITE AND THE SERVICES MAY BE MOMENTARILY INTERRUPTED DUE TO SITE MAINTENTANCE, UPDATES, OR TECHNICAL IMPROVEMENTS.  Logika DISCLAIMS ALL LIABILTY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION.

YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER OR MOBILE PHONE OR LOSS OF DATA THAT RESULTS FROM OBTAINING ANY CONTENT FROM THE SITE, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.

Limitation of Liability

YOU ACKNOWLEDGE THAT YOU ARE 18 YEARS OF AGE, OR OLDER, OR THAT YOU ARE ONLY USING THE SITE AND THE SERVICES UNDER THE SUPERVISION OF YOUR PARENT OR GUARDIAN.  YOU ACKNOWLEDGE AND AGREE THAT USE OF THE SITE OR THE SERVICES IS AT YOUR SOLE RISK.  NEITHER Logika, NOR ANY OF Logika’S DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, OR LICENSORS (COLLECTIVELY, “Logika ASSOCIATES”) SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ATTORNEYS’ FEES, OR FOR LOST DATA OR LOST PROFIT, ARISING OUT OF YOUR USE OF THE SITE OR THE SERVICES OR INABILITY TO GAIN ACCESS TO OR USE THE SITE OR THE SERVICES OR OUT OF ANY BREACH OF ANY WARRANTY, EVEN IF Logika OR A Logika ASSOCIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE FORESEEABLE.

IN NO EVENT WILL Logika OR ANY Logika ASSOCIATES BE LIABLE TO YOU FOR CLAIMS THAT RESULT FROM YOUR RELIANCE ON ANY INFORMATION THAT YOU OBTAIN THROUGH YOUR USE OF THE SITE OR THE SERVICES.  SUCH INFORMATION IS PROVIDED FOR CONVENIENCE ONLY.

YOUR SOLE RIGHT AND REMEDY WITH RESPECT TO ANY DISPUTE WITH Logika IS TO STOP USING THE SITE OR THE SERVICES.  BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, IN SUCH STATES AND JURISDICTIONS, LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.  IF THE FOREGOING LIMITATIONS ARE UNENFORCEABLE, YOU AGREE THAT Logika’S LIABILITY TO YOU UNDER THESE TERMS SHALL NOT EXCEED ANY AMOUNTS PAID BY YOU TO Logika IN THE THREE (3) MONTHS PRIOR TO THE ACCRUAL OF ANY SUCH CLAIM.

THE SITE AND THE SERVICES ARE PROVIDED BY Logika FROM ITS OFFICES WITHIN THE UNITED STATES.  Logika MAKES NO WARRANTY OR REPRESENTATION THAT MATERIAL AVAILABLE THROUGH THE SITE OR THE SERVICES IS LEGAL, APPROPRIATE, OR AVAILABLE FOR USE OUTSIDE THE UNITED STATES.  IF YOU USE THE SITE OR THE SERVICES FROM A LOCATION OUTSIDE THE UNITED STATES, YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS, AND Logika ACCEPTS NO RESPONSIBILITY FOR SUCH USE.

YOU ACKNOWLEDGE AND AGREE THAT ANY AND ALL DISCLAIMERS IN THESE TERMS AND THE PROVISIONS OF THESE TERMS REFLECT A FAIR AND REASONABLE ALLOCATION OF RISK BETWEEN Logika AND YOU.

Indemnification

YOU WILL INDEMNIFY AND HOLD Logika AND ANY Logika ASSOCIATES HARMLESS WITH RESPECT TO ANY SUITS OR CLAIMS ARISING OUT OF OR RELATING TO: (A) YOUR BREACH OF THESE TERMS; (B) YOUR USE OF THE SITE; AND/OR (C) YOUR USE OF THE SERVICES.

Privacy Policy

Logika respects and is committed to your privacy.  Please review Logika’s Privacy Policy, which also governs your visit to the Site and your use of the Services, to understand Logika’s practices.

DMCA Policy

Logika respects the intellectual property rights of others.  If you believe that any content posted on the Site infringes any copyrights that you own, please contact Logika immediately by emailing it at the email address below.

Notices

Where required, Logika may give notice to you by a general posting on the Site, by electronic mail, or by conventional mail to your address of record. You may give notice to Logika by electronic mail or by conventional mail to the address below. If you have any questions about these Terms, the practices of the Site, or your dealings with Logika, please email or write to:

Logika International, LLC

admin@logika-usa.com

Law, Jurisdiction and Venue

These Terms and your access to and use of the Site and the Services are governed by, interpreted, construed, and enforced in accordance with the laws of the State of Indiana, without reference to its conflict of law provisions. All disputes arising out of or related to these Terms shall be exclusively brought and exclusively maintained in the courts of competent jurisdiction situated in Marion County, Indiana. You hereby consent to and waive any objection to the exclusive personal jurisdiction and venue of such courts.

Miscellaneous

You acknowledge and agree that the provisions, disclosures and disclaimers set forth in these Terms are fair and reasonable and your agreement to follow and be bound by them is not the result of fraud, duress or undue influence exercised upon you by any person or entity.  The failure of Logika to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect.

Logika shall have the right to assign these Terms and to sublicense any and all of its rights under these Terms. These Terms, including any documents referenced herein and any additional operating rules or policies as posted on the Site (such as the Privacy Policy), represent the entire understanding between you and Logika regarding your relationship with Logika and your use of the Site and the Services. These Terms (and the Privacy Policy) supersede all previous written or oral agreements between you and Logika with respect to such subject matter.  Notwithstanding any provision of these Terms, Logika has available all remedies at law or equity to enforce these Terms.