Logomotive Engine Terms of Use Agreement

You may use the Service, the Site, and the information, writings, images and/or other works that you see, hear or otherwise experience on the Site (singly or collectively, the "Content") solely for your non-commercial, personal purposes and/or to learn about Logomotive Engine products and services. No right, title or interest in any Content is transferred to you, whether as a result of downloading such Content or otherwise. Logomotive Engine reserves complete title and full intellectual property rights to all Content. Except as expressly authorized by this Agreement, you may not use, alter, copy, distribute, transmit, or derive another work from any Content obtained from the Site or the Service, except as expressly permitted by the Terms of Use.

Sites and Content provided by and/or to Logomotive Engine are protected by U.S. and/or foreign copyright laws, and belong to Logomotive Engine or its partners, affiliates, contributors or third parties. The copyrights in the Content are owned by Logomotive Engine or other copyright owners who have authorized their use on our Sites. You may download and reprint Content for non-commercial, non-public, personal use only. (If you are browsing this Site as an employee or member of any business or organization, you may download and reprint Content only for educational or other non-commercial purposes within your business or organization, except as otherwise permitted by Logomotive Engine, for instance in certain password-restricted areas of the Sites). You may not manipulate or alter in any way images or other Content on the Site.

Links on the Site to third-party websites or information are provided solely as a convenience to you. If you use these links, you will leave the Site. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by Logomotive Engine of the third party, the third-party website, or the information contained therein. Logomotive Engine is not responsible for the availability of any such web sites. Logomotive Engine is not responsible or liable for any such website or the content, therein. If you use the links to the websites of Logomotive Engine affiliates or service providers, you will leave the Site, and will be subject to the terms of use and privacy policy applicable to those web sites.

Logomotive Engine can not and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs. Downloading of files is at your own risk. 

LOGOMOTIVE ENGINE MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITES, THE SERVICES OR THE CONTENT. LOGOMOTIVE ENGINE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITES, THE SERVICES, THE CONTENT, AND ANY PRODUCTS OR SERVICES FURNISHED OR TO BE FURNISHED VIA THE SITE. LOGOMOTIVE ENGINE DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED. LOGOMOTIVE ENGINE DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS.

IN NO EVENT WILL LOGOMOTIVE ENGINE BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (1) THE USE OF OR INABILITY TO USE THE SITE, THE SERVICE, OR THE CONTENT, (2) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (3) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE SERVICE AND/OR THE CONTENT, (4) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (5) ANY OTHER MATTER RELATING TO THE SITE, THE SERVICE, OR THE CONTENT, EVEN IF LOGOMOTIVE ENGINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICE, THE CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, LOGOMOTIVE ENGINE'S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00 USD.

You agree to protect, defend, indemnify and hold harmless Logomotive Engine and its officers, directors, employees, and agents, from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature including, without limitation, reasonable attorneys’ fees imposed upon or incurred by Logomotive Engine directly or indirectly arising from (1) your use of and access to Service(s) or the Services offered; (2) your violation of any provision of this Agreement; and/or (3) your violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of this Agreement.

Click to see Logomotive Engine's Privacy Policy.

If you purchase any paid Service from Logomotive Engine, such purchases may be subject to additional terms and conditions associated with said purchases. Please review the policies that govern your use of such Services including our Master Services Agreement.

Logomotive Engine or any of its employees do not accept or consider unsolicited ideas, including but not limited to, ideas for new advertising campaigns, marketing strategies, new or improved products, technologies, services, processes, materials, or new product names. We have found this policy necessary in order to avoid misunderstandings should Logomotive Engine's business activities bear coincidental similarities with one or more of the countless unsolicited ideas offered to us. Please do not send your unsolicited ideas to Logomotive Engine or anyone at Logomotive Engine in hopes of financial gain. If, in spite of our request that you not send us your ideas, you still send them, then regardless of what your posting, email, letter, or other transmission may say, (1) your idea may automatically become the property of Logomotive Engine, without any compensation to you; (2) Logomotive Engine will have no obligation to return your idea to you or respond to you in any way; (3) Logomotive Engine will have no obligation to keep your idea confidential; and (4) Logomotive Engine may use your idea for any purpose whatsoever, including giving your idea to others.

That said, Logomotive Engine does welcome feedback regarding many areas of Logomotive Engine's existing businesses that will help satisfy customer's needs, and feedback can be provided through the many listed contact areas on the Site. Any feedback you provide shall be deemed a Submission under the terms in the User Supplied Information section, herein.

Logomotive Engine does not want to receive confidential or proprietary information from you via the Site. You agree that any material, information, or data you transmit to us or post to the Site (each a "Submission" or collectively "Submissions") will be considered non-confidential and non-proprietary. For all Submissions, (1) you guarantee to us that you have the legal right to post the Submission and that it will not violate any law or the rights of any person or entity, and (2) you give Logomotive Engine the royalty-free, irrevocable, perpetual, worldwide right-to-use, distribute, display and create derivative works from the Submission, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you.

If you enlist to become a LogomotiveEngine.com member, you are responsible for maintaining the confidentiality of your member identification and password information, and for restricting access to your computer and/or devices. You agree to accept responsibility for all activities that occur under your member identification and password.

These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by Logomotive Engine of any breach or default, hereunder, shall be deemed to be a waiver of any preceding or subsequent breach or default.

The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. Logomotive Engine, therefore, reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. Logomotive Engine does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.

If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of this Agreement, all of which will remain in full force and effect. Any and all disputes relating to this Agreement, Logomotive Engine's Privacy Policy , Logomotive Engine's Master Service Agreement , Logomotive Engine's Statement(s) of Work (SOWs) and/or your use of the Site, any other Logomotive Engine websites, the Service, or the Content are governed by, and will be interpreted in accordance with, the laws of the State of Kansas, without regard to any conflict of laws provisions.

It is Logomotive Engine's policy to take immediate action to address allegations of copyright infringement reported to us in accordance with applicable law, including but not limited to the United States Digital Millennium Copyright Act (Details can be found at http://copyright.gov ).To report an infringement, you must submit a written notice containing the following:

• Identification of the copyrighted content alleged to be infringed upon in sufficient detail to specify the copyrighted work (i.e. URL or publication information of original copyrighted work).
• Identification of content subject to claim of copyright infringement, including the specific URL of content submitted, posted, or displayed through the Services.
• Contact information sufficient to allow Logomotive Engine to contact you regarding your claim; including your company name, person to contact, complete address, telephone number, and email address.
• A statement by you that you have a good-faith belief that aforementioned use of copyrighted content is unauthorized.
• A statement by you, under the penalty of perjury that all information provided in the notice is accurate, and that you are either the owner of the allegedly infringed copyright or a person authorized to act on the copyright owner's behalf.
• A physical or electronic signature of the copyright owner or a person authorized to act on behalf of the copyright owner.
  

Logomotive Engine E-Correspondence

If you have questions or concerns, please e-mail us at Email@LogomotiveEngine.com.