LogPerformance.com is owned by Log Performance, LLC, a California limited liability company.

 

Log Performance LLC reserves the right to change these terms and conditions at any time, and you agree that each visit you make to LogPerformance.com shall be subject to the current terms and conditions as set out herein and understand and agree that this includes Log Performance mobile applications, widgets, APIs, emails and other related online products and services. Copies of these terms and conditions are published and available for viewing on LogPerformance.com.

 

General Terms of Service

By accessing LogPerformance.com you agree to be bound by the Log Performance Website Site Terms & Conditions of Use and all applicable laws and regulations, and you agree that you are solely responsible for compliance with any applicable local laws. If you do not agree with any of these terms, do not use this site.

Any claim relating to LogPerformance.com shall be governed by the laws of the State of California. The materials contained on the Web Site are protected by applicable copyright and trademark laws.

 

Unless expressly permitted by supplemental terms, our sites and services are intended for general audiences 18 years of age and older, and access or use by anyone younger is not permitted.

Internet Decorum

 

Electronic forums such as Log Performance messaging and blog features have rules and prohibitions again offensive, abusive, and disrespectful language in postings. Users should be considerate of the expectations and sensitivities of others on the site. You may not use the LogPerformance.com to impersonate another person or misrepresent that you have authorization to act on behalf of Log Performance or any other party. All Content transmitted by you should correctly identify you as the sender. Any attempt to alter the system configuration, to breach the security of the network, to gain unauthorized access to other users. email accounts, or any other attempt at 'hacking', is prohibited, and will result in the immediate cancellation of all access and privileges and the possibility of criminal and/or civil charges being brought.

 

Disclaimer and Limitation of Liability

LogPerformance.com web site may have links and references to internet sites maintained by third parties, sometimes through third party advertisements. Our linking to third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. In addition, neither we nor any of our respective affiliated companies operate or control in any respect any information, products or services that third parties may provide on or through the Web Site or on websites linked to by us on LogPerformance.com.

THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE AND ANY THIRD-PARTY SITES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.

The LogPerformance.com web site is provided for informational purposes only, and is not intended for trading or investing purposes, or for commercial use. LogPerformance.com should not be used in any high risk activities where damage or injury to persons, property, environment, finances or business may result if an error occurs. You expressly assume all risk for such use.

Certain sections of the LogPerformance.com may allow you to purchase different types of products and services online that are provided by third parties. We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If you make a purchase from a merchant on LogPerformance.com or on a linked site, the information obtained during your visit to that merchant's online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by both the merchant and us. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. In addition, when you purchase products or services on or through LogPerformance.com, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant's website and click on its information links or contact the merchant directly. You release us and our affiliates from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase or use of any products or services made available by third parties through LogPerformance.com.

You agree to be financially responsible for all purchases made by you or someone acting on your behalf through LogPerformance.com. You agree to use LogPerformance.com and to purchase services or products through LogPerfornace.com for legitimate purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party's personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party's personal information.

 

In no event shall LOGPERFORMANCE.COM or its service providers, affiliates, associates, subsidiaries or partners be liable for any damages, including, without limitation, damages for loss of data or profit, or due to business interruption, arising out of the use of or inability to use the materials contained on LogPerformance.com even if LogPerformance.com or its affiliates have been notified of the possibility of such damage. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action.

The information and opinions expressed in messages, blog, or other postings on LogPerformance.com web site are not necessarily those of LogPerformance.com or its service providers, affiliates, associates, subsidiaries or partners and LogPerformance.com makes no representations or warranties regarding that information or those opinions. Neither LogPerformance.com or its service providers, affiliates, associates, subsidiaries or partners shall be responsible or liable to any person or entity whatsoever for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from any information or opinions provided in such forums.

 

Limited License

LOGPERFORMANCE.COM hereby grants you a limited license to view on your computer, print, or download any content made available LogPerformance.com for which a fee is not charged, for non-commercial, personal, or educational purposes only. Without limiting the generality of the foregoing you may not make any commercial use of such content, either alone or in or with any product which you distribute, or copy or host such content on your or any other person's web site or FTP server. Nothing contained in this limited license shall be deemed as conferring any right in any copyright, trademark, trade name or other proprietary property of LogPerformance.com or any other party who owns or has proprietary rights to the content, information and materials provided on LogPerformance.com.

Preservation of Intellectual Property Rights

All material on this site, including, but not limited to images, illustrations, and multimedia materials, is protected by copyrights which are owned and controlled by LogPerformance.com or by other parties that have licensed their material to LogPerformance.com. Material from LogPerformance.com may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Modification of the materials or use of the materials for any other purpose is a violation of the copyrights and other proprietary rights held by the respective providers thereof. The use of any such material on any other web site, ftp server or network environment is prohibited.

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Changes and Improvements

LogPerformance.com may make changes, improvements, alterations, or amendments in and to the products, services, information, and materials contained on the Web Site including the terms and conditions of your use of this Web Site, without liability.

 

Jurisdiction

Due to the nature of the Internet, it is not possible for LogPerformance.com to restrict access to its web site only to those jurisdictions in which it does business. Some or all of the products and services offered on this web site may not be eligible for solicitation in your jurisdiction. If you are accessing this web site from such a jurisdiction, you should not consider anything on this site as an offer to sell or as a solicitation to the public to purchase any product or service from LogPerformance.com. This site is for use only by persons residing in jurisdictions where such products and services may legally be sold.

LogPerformance.com offers services and programs in many parts of the world. The web site may refer to certain services or programs that are not available worldwide. Without specifically limiting the offers made on this web site, reference to such services or programs does not imply that LogPerformance.com intends to offer such service or programs in all countries or locations.

Unless otherwise specified, the materials contained on LogPerformance.com are presented solely for the purpose of providing information to persons primarily located in California, USA. This site is controlled and operated by Log Performance LLC from its offices in California, USA. LogPerformance.com makes no representation that any of the materials contained on LogPerformance.com are appropriate or available for use in other locations or jurisdictions. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

 

This agreement shall be governed by and construed in accordance with the laws of the State of California and users of LogPerformance.com agree to be bound by the laws of the State of California and jurisdiction of the courts in Placer County, California. Any provisions of this Agreement which are or may be rendered invalid, unenforceable or illegal, shall be ineffective only to the extent of such invalidity, unenforceability or illegality, without affecting the validity, enforceability or legality of the remaining provisions of this Agreement. This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions, whether oral or written, of the parties.

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Privacy

LogPerformance.com has established a privacy policy covering the collection, use, and disclosure of user information, which can be found at https://www.logperformance.com/privacy

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Submissions

LogPerformance.com may contain information, text, links, graphics photos, videos, audio, streams, or other materials (“Content”), including Content created with or submitted to LogPerformance.com by you or through your account. You represent and warrant that: (i) you own the Content posted by you on or through LogPerformance.com or otherwise have the right to grant the license set forth below, and (ii) the posting of your Content does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. Because you alone are responsible for your Content, you may expose yourself to liability if you post or share Content without all necessary rights. 

You retain any ownership rights you have in your Content, but you grant us the following license to use that Content:

When Your Content is created with or submitted to LogPerformance.com, you grant  us a  worldwide, royalty free, perpetual, irrevocable, non-exclusive, transferable and sublicensable license to use, copy, modify, adapt, prepare derivable works of, distribute, store, perform, and display your Content and any name, username, voice or likeness provided in connection with your Content in all media formats and channels now known or later developed anywhere in the world.. You also agree that we may remove metadata associated with your Content, and you irrevocably waive any claims and assertions of moral rights or attribution with respect to your Content.

Any ideas, suggestions, and feedback about us or LogPerformance.com that you provide to us are entirely voluntary, and you agree that we may use such ideas, suggestions, and feedback without compensation or obligation to you.

You agree that you shall have no recourse against Log Performance LLC for any alleged or actual infringement or misappropriation of any proprietary right in your communications to LogPerformance.com.

In order to maintain an informative and valuable service that meets the needs of the users of LogPerformance.com and avoids the harm that can result from disseminating statements that are false, malicious, in violation of the rights of others, or otherwise harmful, it is necessary to establish the following rules to protect against abuse.

You may not:

• Restrict or inhibit any other user from using and enjoying LogPerformance.com.

• Use LogPerformance.com to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.

• Interfere with, disrupt, or overburden any servers or networks used to provide LogPerformance.com or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the LogPerformance.com.

• Use LogPerformance.com to instigate or encourage others to commit illegal activities or cause injury or property damage or interfere with business interests or contractual relations of any person.

• Gain unauthorized access to LogPerformance.com, or any account, computer system, or network connected to LogPerformance.com, by means such as hacking, password mining or other illicit means.

• Obtain or attempt to obtain any materials or information through any means not intentionally made available through this LogPerformance.com.

• Use LogPerformance.com to post or transmit any unlawful, harmful, threatening, abusive, libelous, flaming, hateful, offensive (whether in relation to sex, race, religion or otherwise), defamatory, obscene, vulgar, harassing, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, provincial, national or international law.

• Use LogPerformance.com to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.

• Use LogPerformance.com to post or transmit any information, software or other material that contains a virus or other harmful component.

• Use LogPerformance.com to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.

• Use LogPerformance.com to advertise or solicit to anyone to buy or sell products or services, to cease using LogPerformance.com, to visit another competing web site, or to make donations of any kind, without our express written approval.

• Scrape LogPerformance.com or gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Site.

 

All Content posted represents the opinions of the individuals or organizations posting that Content, and do not express our ideas or opinions. We take no responsibility for and we do not expressly or implicitly endorse, support, or guarantee the completeness, truthfulness or reliability of any of your Content. You agree to indemnify LogPerformance.com and Log Performance LLC and each of its officers, directors, employees, agents, distributors and affiliates from and against any and all third-party claims, demands, liabilities, costs, or expenses, including reasonable legal fees, resulting from your breach of any of the foregoing, or other provisions of these Terms and Conditions of Service.

You understand that we have no obligation to monitor any bulletin boards, chat rooms, web logs, or other areas of LogPerformance.com through which users can supply information or material. However, we reserve the right at all times to disclose any information we believe necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of these Terms and Conditions of Service. We also reserve the right to deny access to LogPerformance.com or any features of LogPerformance.com to anyone, for any reasons, including as a result of persons who violate these Terms and Conditions of Service or who, in our sole judgment, interferes with the ability of others to enjoy our website or infringes the rights of others.

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Moderators

Acting as a moderator of a forum on LogPerformance.com is an unofficial, volunteer role. Moderators are not employees, contractors, or agents of LogPerformance.com or Log Performance LLC. Log Performance LLC and LogPerformance.com are not responsible for actions or inactions of moderators.

If you act as a moderator, you agree that:

• You will always act in good faith as a moderator. You should always maintain a calm and cordial demeanor as moderator.

• You will not accept any gifts, favors or other compensation from third parties in connection with or related to your actions as a moderator.

• You should not promote or advertise any particular product, brand or service, and should remain impartial.

• You will comply with these Terms and Conditions of Service, along with the moderating guidelines and content policies of Log Performance LLC made available to you from time to time. You will take appropriate action whenever you are notified of content that violates Log Performance LLC policy or promptly escalate matters to Log Performance LLC for review. To the extent you are uncertain about what is the appropriate action in particular circumstances, you will contact Log Performance LLC.

• You are not authorized to act on behalf of Log Performance LLC. and may not represent to others that you are authorized to act on behalf of, or otherwise bind Log Performance LLC.

• As a moderator, you may receive or have access to confidential and/or non-public information. You will not publish any of this information online or share any of this information with third parties. You will keep this information secure and will protect this information from being accessed or seen by others. You will not use any of this information except in connection with your role as a moderator. If you believe any of this information in your possession has been accessed inappropriately, you will promptly contact Log Performance LLC. You will continue to comply with the provisions in this paragraph, even after you are no longer a moderator.

• Log Performance LLC may revoke your right to moderate at any time, for any reason, and may in its sole discretion, overturn any action or decision that you make.

 

Copyright Policy

Log Performance LLC has adopted and implemented a copyright policy in accordance with the Digital Millennium Copyright Act of 1998. 

In appropriate circumstances and at our sole discretion, we may disable and/or close the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.

Passwords

To use certain features of LogPerformance.com, you will need a username and password, which you will receive through the registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.

Classified Advertising

LogPerformance.com may include certain classified advertising services. When you submit a classified ad for publication on the LogPerformance.com you agree that the advertisement as it appears on the Web Site becomes our property and you assign all ownership interest in the advertisement as it appears on LogPerformance.com under copyright law or otherwise to us. Submission of an advertisement does not constitute a commitment to publish the advertisement, and publication of an advertisement does not constitute an agreement for continued publication. We will accept only standard abbreviations and require proper punctuation. We reserve the right to edit, reclassify, revise, reject or cancel any advertisement at any time, in our sole discretion.

Affiliate Links

LogPerformance.com is a participant in the Amazon Services LLC Associates Program and other similar affiliate advertising programs which are designed to provide a means for us to earn fees by linking to such affiliates' websites such as Amazon.com. LogPerformance.com reserves the right to overwrite or replace any affiliate, commercial, or monetizable links, posted by users of LogPerformance.com, with our own internal tracking. You agree not to post or otherwise make available content that constitutes or contains "affiliate marketing," "link referral code," or "unsolicited commercial advertisement."

Termination

We may cancel or terminate your right to use LogPerformance.com or any part of LogPerformance.com at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of LogPerformance.com affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from LogPerformance.com, and the disclaimers and limitations of liabilities set forth in these Terms and Conditions of Service, shall survive.