Welcome to FusionBots Service Agreement. This Agreement describes the terms and conditions applicable to your use of the FusionBot service. If you ("Customer") do not accept these terms and conditions or have any questions, please contact LOGIKA Corporation ("LOGIKA"), creators of the FusionBot web site, software, and services.
LOGIKA may amend this Agreement at any time by posting the amended terms on the FusionBot site. The amended terms shall automatically be effective 10 days after they are initially posted on the site. This agreement was revised on January 6, 2006.
- License LOGIKA grants to Customer a non-transferable, non-exclusive, limited license to use 1) the FusionBot service to index a single web site, named during the Registration process, and specifically excludes the indexing of content of any other web site, except those for which are specified in a mini-portal (bronze, silver, gold, platinum) or compiled for our Platinum Subscribers; 2) the software code provided by LOGIKA to create a "search box"; and 3) the FusionBot, LOGIKA or other such logo or phrase that LOGIKA may develop to indicate the source of the search results (collectively, the "Services and Software"). Customer shall not copy, duplicate, modify or incorporate in any other work, or any of the Services or Software. Customer shall not reverse compile, disassemble, reverse engineer or otherwise reduce to human perceivable form, any of the Services or Software.
- Eligibility for Membership Services and Software are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the Services and Software are not available to minors. In addition, sites that contain illicit, immoral, or unscrupulous messages are not eligible for the FusionBot FREE package. If you do not qualify, please do not use the Services and Software. LOGIKA may refuse the Services and Software to anyone at any time, at LOGIKAs sole discretion.
- System and Application Changes LOGIKA reserves the right, as reasonably necessary or convenient for LOGIKAs own purposes or to improve the quality of the Services and Software to Customer, to change the rules of operation, accessibility periods, Customer identification procedures, types of equipment utilized by LOGIKA, system interfaces, operating and other system and network software, utilities and database software, and to implement enhancements or updates to the Services and Software.
- Subscription Fees - The current Subscription Fees are available at http://www.fusionbot.com/packages.asp, and are incorporated herein by reference. Unless otherwise stated, all fees are quoted in U.S. Dollars. Customer is responsible for paying all applicable taxes and for all hardware, software, service and other costs you incur to access LOGIKAs servers. LOGIKA may in its sole discretion add, delete or change some or all of the Services and Software at any time. For paid subscriptions, LOGIKA, at the beginning of each billing cycle, will attempt to charge the applicable fee to your credit card on record for a period of three consecutive days until successful. If after the third attempt LOGIKA is unable to process your credit card, your subscription will be automatically reduced to the free package and only those features provided with this package will be available to you. You can adjust your service level by logging in to your account and providing valid credit card information. Free, Bronze, Silver and Gold Packages will be limited to 100,000 (100K) queries per month without additional per query charges.
- TERM - This license is effective until terminated as set forth herein. LOGIKA may terminate this license upon fifteen (15) days notice to You. You may terminate this license at any time by destroying all complete and partial copies of the Product including backup copies. This license will also terminate automatically upon conditions set forth elsewhere in this Agreement or upon failure to comply with any term or condition. Upon any such termination, you must immediately destroy all complete and partial copies of the Product, including all backup copies. All paid packages will be billed a full month's service for any subscription that is provided on a customer's site for not less than half of the terminated month's days. Refunds for partial months / years service must be directed to the Support Department. As stated previously, service greater than or equal to half of the current month's days constitutes a full month of service, and no refund will apply. Terminations occurring before the first half of a month will be credited for the partial month's service pro-rated across the average number of days the service was running. During the first month of service, LOGIKA will provide an unconditional 30 day money back guarantee.
- Publicity. LOGIKA shall have the right to reference and refer to its work for, and relationship with, Subscriber for marketing and promotional purposes. No press releases or general public announcements shall be made without the mutual consent of The Company and Subscriber.
By virtue of this Agreement, Customer and LOGIKA may have access to information that is confidential to one another ("Confidential Information"). Confidential Information shall include but not be limited to the Services and Software, source code, algorithms, formulas, methods, know-how, processes, designs, new products, developmental work, prospective customer names, the terms and pricing under this Agreement, and all information clearly identified in writing at the time of disclosure as confidential.
Customers or LOGIKAs Confidential Information shall not include information that 1) is or becomes part of the public domain through no act or omission of the other party; 2) was in the other partys lawful possession prior to the disclosure and had not been obtained by the other party either directly of indirectly from the disclosing party; 3) is lawfully disclosed to the other party by a third party without restriction on disclosure; or 4) is independently developed by the other party. Customer shall not disclose the results of any performance tests of the Services and Software to any third party without LOGIKAs prior written approval.
8.3 Use and Nondisclosure
Customer and LOGIKA agree to hold each others Confidential Information in confidence during the term of this Agreement and for a period of five years after termination of this Agreement. Customer and LOGIKA agree, unless required by law, not to make each others Confidential Information available in any form to any third party or to use each others Confidential Information for any purpose other than the implementation of this Agreement. Customer and LOGIKA agree to take all reasonable steps to ensure that Confidential Information is not disclosed or distributed by its employees or agents in violation of the terms of this Agreement. Customer acknowledges that is not a competitor of LOGIKA, and agrees not to share this information with any competitors.
- Proprietary Rights Customer acknowledges that LOGIKA and/or its licensors,owns all intellectual property rights in the Services and Software, including all hardware and software components and any associated documentation. The parties agree that, except as stated herein, this Agreement does not grant Customer any rights to patents, copyrights, trade secrets, trade names, trademarks and service marks (whether registered or unregistered), or any other rights, or licenses in respect to the foregoing items of software or documentation.
- System Integrity - Customer may not use any device, software or routine to interfere or attempt to interfere with the proper working of the LOGIKA sites or any account on those site. Customer may not take any action which imposes an unreasonable or disproportionately large load on LOGIKAs infrastructure. Customer may not disclose or share their password to any third parties or use their password for any unauthorized purpose.
- Breach - LOGIKA may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate Customers membership if Customer breaches this Agreement or if LOGIKA is unable to verify or authenticate any information provided by Customer during the Registration process.
- Disclaimer of Warranties - LOGIKA EXPRESSLY DISCLAIMS ANY AND ALL PROMISES, REPRESENTATIONS, AND WARRANTIES, EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. LOGIKA MAKES NO WARRANTY THAT LOGIKAS SERVICES WILL MEET CUSTOMERS REQUIREMENTS, OR THAT LOGIKAS SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES LOGIKA MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF LOGIKAS SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH USE OF LOGIKAS SERVICES.
- Privacy Statement LOGIKA is committed to honoring the privacy of its customers.
The FusionBot Registration process requires Customers to provide contact information (i.e. name, address, etc.) that will be used to notify Customers periodically about their account. When signing up for a fee-based service, LOGIKA will also require Customers to provide financial information (i.e. credit card numbers). This information will be used to solely bill the Customer for the Services and Software.
UNDER NO CIRCUMSTANCES WILL LOGIKA SELL, TRADE, EXCHANGE, OR OTHERWISE MAKE AVAILABLE, ANY PERSONALLY IDENTIFIABLE INFORMATION TO ANY THIRD PARTY, COMPANY, OR ORGANIZATION.
As a part of the Services and Software, LOGIKA will also collect information and statistics regarding the usage of the Services and Software. This information includes but is not limited to the date and time the Services and Software are used, the search terms looked for, and the Internet address of the web site that is using the Services and Software. This information will be used to analyze LOGIKAs web traffic.
Some of the ads appearing on our FREE search results are delivered to you by DoubleClick, our Web advertising partner. Information about your visit to this site, such as number of times you have viewed an ad (but not your name, address, or other personal information), is used to serve ads to you on this site. For more information about DoubleClick, cookies, and how to "opt-out", please click here.
FusionBot also uses other third-party advertising companies to serve ads when FusionBot search results are returned. These companies may also use information (not including your name, address email address or telephone number) about your visits to this and other web sites in order to provide advertisements about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, click here.
If you have any questions, comments, or concerns regarding this Privacy Statement, please contact us.
- Limit of Liability - IN NO EVENT SHALL LOGIKA BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT.
LOGIKAS LIABILITY TO CUSTOMER OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE AMOUNT OF FEES CUSTOMER PAID TO LOGIKA IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY. Some states do not allow the limitation of liability, so the foregoing limitation may not apply to Customer.
- General Compliance with Laws - Customer shall comply with all applicable laws, statutes, ordinances and regulations regarding Customers use of the Services and Software.
- No Agency - Customer and LOGIKA are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
- Arbitration - Any controversy or claim arising out of or relating to this Agreement shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Chicago, Illinois, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either Customer or LOGIKA may seek any interim or preliminary relief from a court of competent jurisdiction in Chicago, Illinois necessary to protect the rights or property of Customer or LOGIKA pending the completion of arbitration.
- General - This Agreement shall be governed in all respects by the laws of the State of Illinois as such laws are applied to agreements entered into and to be performed entirely within Illinois between Illinois residents. LOGIKA does not guarantee continuous, uninterrupted or secure access to Software and Services, and operation of LOGIKAs sites may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. LOGIKAs failure to act with respect to a breach by Customer or others does not waive LOGIKAs right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between Customer and LOGIKA with respect to the subject matter hereof.
- Disclosures - The services hereunder are offered by
LOGIKA Corporation., located at:
3717 North Ravenswood, Suite 244
Chicago, Illinois 60613-2559
- CUSTOMER ACKNOWLEDGES THAT CUSTOMER HAS READ THIS AGREEMENT, UNDERSTANDS IT AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. IF APPLICABLE, "YOU" OR "YOUR" AS REFERRED TO IN THIS AGREEMENT MEANS THE ENTITY OR COMPANY FOR WHICH THE SERVICES AND SOFTWARE IS LICENSED PURSUANT TO THIS AGREEMENT. IN SUCH EVENT, CUSTOMER WARRANTS AND REPRESENTS THAT AS THE INDIVIDUAL CLICKING ON THE "SUBMIT" BUTTON DURING THE REGISTRATION PROCESS, CUSTOMER IS AUTHORIZED TO ENTER INTO THIS AGREEMENT ON BEHALF OF THE COMPANY.