Terms of Use for the LogixPower Family of Websites

Last updated February 02, 2010

Outline of Terms of Use:

General

LogixPower and its subsidiaries (collectively, "LogixPower") operate a family of websites including RealtimeReferral.com, LogixInfo.com, ClassPower3000.com, and LogixPower.org. LogixPower refers to this group of websites as the "LogixPower Network". Any person accessing or using the LogixPower Network is referred to as “you” or “member”.

Acceptance of Terms

By accessing or using any part of the LogixPower Network or the services provided on it or other Websites as set forth below (collectively, the “Services”), you agree to accept and comply with the terms, conditions, and notices stated herein and as may be modified by LogixPower from time-to-time without notice to client (the “Terms of Use”). These Terms of Use constitute a binding contract between LogixPower and you. You are responsible for regularly reviewing the Terms of Use. You can review the most current version of the Terms of Use at any time at: http://www.LogixPower.org/terms.aspx. If you do not wish to be bound by these Terms of Use, please do not access or use any part of the LogixPower Network.

Additional terms may govern use of certain websites or web pages within the LogixPower Network. In the event that any provision, terms or guidelines contained on a particular Website or web page in the LogixPower Network conflicts with the Terms of Use, the terms of such website or web page shall control over the Terms of Use except with respect to the General Terms set forth below, which shall at all times control.

General Use of the LogixPower Network

You agree to only access or use the LogixPower Network only for legal purposes that are permitted by the Terms of Use. Among other things, you agree not to:

Except with the express written permission of LogixPower, you agree that you will not access or attempt to access password protected, secure or non-public areas of the LogixPower Network that you are not allowed to access.

Except with the express written permission of LogixPower, you agree that you will not create links from any Website or Web page to any page within the LogixPower Network; provided however upon prior written notice to LogixPower at support@LogixPower.org, you may create a link directly to any of the LogixPower Network home pages. The origin of any link to any LogixPower Network home page must be accompanied by a clear and prominent attribution indicating that the link is connected to the LogixPower Network home page. By creating a link to the LogixPower Network, you agree that (a) you will not employ any technology that results in the placement of content from the LogixPower Network in a frame and/or a reduced pop-up window and/or any other display mechanism which changes appearance of the LogixPower Network from how it would appear if a user typed the URL in a typical browser line, (b) your site shall not display content or link to other websites that contain content that is illegal, obscene, indecent, disparaging, discriminating or otherwise offensive, (c) you have duly registered your domain name and possess all rights necessary to use the same, and (d) you shall not in any manner access, collect, store, disclose, transfer or use any information obtained or derived from a user's access to or use of the LogixPower Network. LogixPower reserves the right to revoke your permission to create such link at any time in its sole discretion and you agree to immediately cease using the link at any time that LogixPower so requests.

You agree that LogixPower may in its sole discretion and at any time terminate your access to and use of the LogixPower Network, or any part thereof, with or without notice. You further agree that use of the LogixPower Network and any of its Services shall be immediately terminated if you violate these Terms of Use. In addition, LogixPower reserves the right, in its sole discretion, to modify or discontinue the Services or any portion thereof, with or without notice, and without liability to you.

The Services provided through the LogixPower Network may also be located on third party Websites or applications, via a link, click-through advertising, or otherwise. Nothing contained in any of these Services is an offer or promise by LogixPower to sell a specific product for a specific price or that any advertiser will sell any product or service for any purpose or price or on any specific terms. In addition, LogixPower does not make any representation or warranty with respect to such third party Services, and is not responsible for their accuracy, sufficiency, veracity, completeness, or timeliness. You are responsible for confirming the sufficiency and reliability of any third party Services, and you hereby release LogixPower from any and all claims, demands, liability and damages (actual or consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with your use of such Services. Further, please note that certain of the interactive Services may be financial or mortgage tools that provide information and customized information based on user-inputted data. These tools are for the purpose of performing calculations, and are not an offer to lend. Interest rates shown are for demonstration purposes only. Actual market interest rates may vary.

You acknowledge that LogixPower is not a real estate broker, mortgage broker or mortgage lender, and LogixPower does not aid or assist borrowers in obtaining, solicit borrowers or lenders for, negotiate or make loans secured by liens on real property.

Please note that you may be subject to additional and/or different terms, conditions, and privacy policies when you use third party Services, Content (as defined below), software or sites.

Billing and Renewal Policy

Most of LogixPower Network's services are offered on an annual agreement. The initial prices for these products or services will be established in the agreement signed between LogixPower Network and you. LogixPower Network reserves the right to change the pricing for the different services and products at any time with 30 days notice unless otherwise agreed between LogixPower Network and you. You will be bound by this new pricing upon renewal of any monthly or annual services after the 30 day notice period.

It is your responsibility to provide LogixPower Network with a valid credit card number and authorize LogixPower Network to charge this account for any products or services provided to you. You agree to keep LogixPower Network updated with current credit card information and provide new credit card information in the case that your old card is deactivated or has insufficient funds to cover your membership fees.

LogixPower Network does reserve the right to place your account on hold, deactivate your services, or terminate the agreement if your account falls into arrears. If the member has an outstanding balance at the time of termination or cancellation, this balance must be paid in full.

LogixPower Network services are billed in advance on a pre-paid basis and will automatically renew for additional periods of equal length on a month to month or annual basis depending on the product or service. Billing dates take place on business days and if your month to month or annual anniversary falls on a weekend, our systems will automatically process your payment on the previous business day.

In the event that you wish to dispute any fee LogixPower Network has charged against your account, you agree to discuss the issue with LogixPower Network in order to resolve the issue.

Declined, refused, and/or returned payments may result in a $25.00 service fee to your account for each billing event that is declined, refused or returned. In the event your credit card declines or payment not made within agreed upon period or if you file a dispute without first attempting to correct a billing concern with LogixPower Network member services - documented by an open accounting ticket - your account will be disabled immediately and the leads generated by a LogixPower Network system will become the property of LogixPower Network after 30 days if your account is not brought current and paid in full for the period service was rendered.

If your account is turned off due non payment you will be subject to a reconnection fee of $99.

Members can choose to put their membership on hold for up to 1 year. If a member chooses to do this there will be a $99 holding fee charged in order to maintain the back office and any website services ordered on file. Members who restart their membership without having paid the holding fee charge will be subject to a new set-up fee.

Cancellations

The purpose of this policy is to protect the rights of the member as well as LogixPower Network. It prevents others from maliciously canceling a Client's account and also provides the Client and LogixPower Network with written documentation of the member’s intent to cancel.

LogixPower Network will not honor cancellation requests made via voice mail. Instead, cancellations must be received either via emailing LogixPower Network at support@LogixPower.org with the subject line "Please cancel my account" or from within LogixPower Network by using Ticket Center. In some cases LogixPower Network will verbally contact the member to ensure that the account cancellation was not requested by someone other than you, the member.

Members have the right to cancel their account at any time, however services are billed in whole billing periods only. If a member wishes to cancel their account part way through their billing cycle, either monthly, they will be charged for the entire billing cycle. Members will not, in any way, be prorated for unused time on their agreement.

Cancellation requests must be received no less than 10 days prior to the end of your billing cycle term. In circumstances where you do not cancel your account prior to the renewal date you are liable for payment of the entire term of 1 or 12 months.

Set-up fees are not refundable.

Once the member has requested to terminate their account LogixPower Network will cease to provide any support to the members account or website once the billing cycle has ended. This includes, but is not limited, to domain services, technical services, and/or customer services. Any links or graphic received from LogixPower Network must be immediately removed from the website of the terminated member.

Toll-Free Usage and Domain Registration fees not refundable.

Once the member has requested to terminate their account with LogixPower Network, member is responsible for paying for any Toll-Free usage and domains that the member has registered during the last billing cycle.

Content Contained in the LogixPower Network

The LogixPower Network and all of its contents including, but not limited to, all information, text, messages, images, photos, illustrations, designs, icons, video clips, sounds, files, trademarks, copyrighted material, trade dress, software, specifications, catalogs, literature, technical information, advertisements and other content or materials on the LogixPower Network (collectively, “Content”) is owned by LogixPower and/or third parties with all rights reserved unless otherwise noted. LogixPower grants you a limited license to access and use the LogixPower Network and Content solely for informational, personal and non-commercial purposes (including printing individual pages from the LogixPower Network provided that you retain all copyright and other proprietary notices contained thereon). You are strictly prohibited from downloading (other than page caching) modifying, or making any other use of the LogixPower Network or Content, except with express written consent of LogixPower. You understand that all third party Content posted on, transmitted through, or linked from the LogixPower Network, is the sole responsibility of the third party originator of such Content. Content is provided through the LogixPower Network AS IS, and you agree that the use of and reliance on any Content is at your own risk, and that under no circumstances shall LogixPower be liable for any Content or for any loss or damage of any kind incurred as a result of the use of any Content made available via the Services.

You acknowledge that LogixPower does not screen or approve third-party Content, and that LogixPower shall have the right (but not the obligation) in its sole discretion to refuse, modify, delete or move any Content that is available via the LogixPower Network, for any reason.

Content You Provide

To the extent that you post, upload, input, submit or otherwise transmit (collectively, “Transmit” or “Transmitting” as appropriate) Content on or through the LogixPower Network, you agree to provide true, accurate and complete information and to refrain from impersonating or falsely representing your affiliation with any person or entity. You are entirely responsible for all Content that you provide or otherwise make available via the LogixPower Network. You also warrant and represent that you own or otherwise control all of the rights to such Content including, without limitation, all the rights necessary for you to Transmit such Content, and to transfer your or others’ interests in such Content to LogixPower as provided below.

You promise that you will not use the LogixPower Network to:

By Transmitting Content to the LogixPower Network, you grant, and you represent and warrant that you have the right to grant, to LogixPower an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute the Content and to prepare derivative works of, or incorporate into other works, the Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the LogixPower Network, you grant LogixPower all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the LogixPower Network by any party for any purpose.

LogixPower is committed to maintaining the privacy and security of any and all such information that you provide to LogixPower through the LogixPower Network in accordance with its Privacy Policy. Please click here to review the LogixPower Privacy Policy.

General Terms

This Terms of Use is governed by the laws of the State of California, U.S.A. without regard to conflicts of laws principles. You hereby consent to the exclusive jurisdiction and venue of courts sitting in California, County of San Diego in all disputes arising out of or relating to accessing or using of the LogixPower Network. Access or use of the LogixPower Network is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

This Terms of Use is governed by the laws of the State of California, U.S.A. without regard to conflicts of laws principles. You hereby consent to the exclusive jurisdiction and venue of courts sitting in California, County of San Diego in all disputes arising out of or relating to accessing or using of the LogixPower Network. Access or use of the LogixPower Network is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

If any part of the Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations contained herein, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in effect. Unless otherwise specified herein (or in any other definitive written agreement between you and LogixPower), the Terms of Use constitutes the entire agreement between you and LogixPower with respect to the LogixPower Network and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and LogixPower with respect to the LogixPower Network. A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF AND RELIANCE UPON ANY AND ALL OF THE LOGIXPOWER NETWORK, SERVICES AND/OR CONTENT IS AT YOUR SOLE RISK AND IS MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS. LOGIXPOWER MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, OR GUARANTEES WITH REGARD TO THE APPROPRIATENESS, ACCURACY, SUFFICIENCY, CORRECTNESS, VERACITY, VALUE, COMPLETENESS, OR TIMELINESS OF THE LOGIXPOWER NETWORK, SERVICES AND/OR CONTENT. LOGIXPOWER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

YOU AGREE TO INDEMNIFY AND HOLD LOGIXPOWER, ITS THIRD-PARTY VENDORS, CORPORATE AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS HARMLESS FROM ANY AND ALL CLAIMS AND DEMANDS, INCLUDING, BUT NOT LIMITED TO REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD-PARTY DUE TO OR ARISING OUT OF ANY CONTENT, SUBMITTED, POSTED, OR OTHERWISE PROVIDED BY YOU TO THE LOGIXPOWER NETWORK AND/OR LOGIXPOWER AND/OR ITS THIRD PARTY ADVERTISERS AND ANY BREACH BY YOU OR YOUR AFFILIATES, EMPLOYEES, AGENTS AND REPRESENTATIVES OF THESE TERMS OF USE.

IN NO EVENT SHALL LOGIXPOWER BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE LOGIXPOWER NETWORK, WITH THE DELAY OR INABILITY TO ACCESS OR USE THE LOGIXPOWER NETWORK OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY CONTENT, SOFTWARE, PRODUCTS AND SERVICES MADE AVAILABLE OR OBTAINED THROUGH THE LOGIXPOWER NETWORK, OR OTHERWISE ARISING OUT OF THE USE OF THE LOGIXPOWER NETWORK, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF LOGIXPOWER HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. ANY SERVICES OR CONTENT MADE AVAILABLE OR OBTAINED THROUGH THE USE OF THE LOGIXPOWER NETWORK, AND ALL OTHER USE OF THE LOGIXPOWER NETWORK, IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS THEREFROM.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE LOGIXPOWER NETWORK, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE LOGIXPOWER NETWORK.

All materials on the LogixPower Network (as well as the organization and layout of the LogixPower Network) are owned and copyrighted or licensed by LogixPower, its corporate affiliates or its third-party vendors. LogixPower 2010, all rights reserved. No reproduction, distribution, or transmission of the copyrighted materials on the LogixPower Network is permitted without the written permission of LogixPower. Any rights not expressly granted herein are reserved.