Terms of Service

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your jurisdiction of residence, or that you are the age of majority in your jurisdiction of residence and you have given us your consent to allow any of your minor dependents to use the Services. You agree that you will only use the Services for your own use, and the use of your family members or dependents to which complies with all laws that apply to you.

• Violate any international, federal, provincial or state regulations, rules, laws, or local ordinances
• Harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability
• Submit false or misleading information
  
• Collect or track the personal information of others
  
• Spam, phish, pharm, pretext, spider, crawl, or scrape
  
• For any obscene or immoral purpose
  
• Interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet
  

If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You acknowledge that your account is personal to you and you agree not to provide any other person with access to the Services or portions of the Services using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security.

A breach or violation of any of the Terms will result in an immediate termination of your Services and may result in a loss of your access to our Services. You acknowledge and agree that you are solely responsible for (and that Actual Logic has no responsibility to you or to any third party for) any breach of your obligations under these Terms and for the consequences (including any loss or damage which Actual Logic may suffer) of any such breach. You agree to defend and indemnify Actual Logic and its affiliates against any liability, costs, or damages arising out of the breach of the representation.

We reserve the right to refuse service to anyone for any reason at any time.

Security. We employ physical, technical and administrative safeguards to guard against unauthorized disclosure or access to your personal information. However, you acknowledge that security safeguards, by their nature, are capable of circumvention and Actual Logic does not and cannot guarantee that personal information about you will not be accessed by unauthorized persons capable of overcoming such safeguards (e.g., hackers) who may use viruses, worms, trojan horses, and other undesirable and malicious data and software to obtain access to or damage our Services. You understand that your content (not including credit card and health information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

Your Proprietary Rights. By uploading information to the Service or submitting any materials (including photos, or source code) to us, you automatically grant (or warrant that the owner of such rights has expressly granted) Actual Logic a perpetual, worldwide, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, display, adapt, publish, and translate your information to enable us to operate the Services and to make your information accessible to you and other users. It is a condition of use of the Services that all the details, materials, photos, and information you provide are correct, current and complete. If we believe that the details you provide (including but not limited to Personal Information) are inaccurate, fraudulent, not current, incomplete, or otherwise a violation of these Terms, we have the right to refuse you access to the Services and to terminate or suspend your account and/or policy, as applicable.

The Services contain material, such as software, text, graphics, images, video, audio and other material (collectively, “Content”). No Content from the Services may be copied, reproduced, modified, republished, uploaded, posted, transmitted, reprinted or distributed in any way without the express prior written permission of Actual Logic, except that you may download or print a limited number of copies of the Services for your use only, provided you keep intact all copyright and other proprietary notices. The Content may be owned by us or may be provided through arrangements with others, including other users of the Services or third-party content providers. The Content is protected by copyright under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. Our name, brands, logos, slogans and other trademarks are our trademarks. All other names, brands, logos, product and service names, and designs appearing on the Services are the trademarks of their respective owners. You may not use such trademarks without our prior written permission.

• Your computer may temporarily store copies of the Content in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your web browser for display enhancement purposes.

Where we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use.

If we provide social media features, such as allowing you to share items you find in our news section through social media links in those posts, you may take such actions as are enabled by such features.

You must not:

• Your computer may temporarily store copies of the Content in RAM incidental to your accessing and viewing those materials.
• Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text unless purchased.
• Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Services.

We are not responsible if information made available on our website is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

We may also, in the future, offer new services and/or features through the website or a mobile application (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

THE SERVICES AND CONTENT ARE PROVIDED BY ACTUAL LOGIC (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS IS” BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ACTUAL LOGIC (AND ITS LICENSORS AND SUPPLIERS) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. ACTUAL LOGIC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES OR CONTENT IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Service availability, price and time-related information appearing on the Services are subject to change without notice. Actual Logic is not responsible for any such changes and advises you to confirm all specific terms appearing on the or through the Services before acting in reliance on such terms. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

Service availability, price and time-related information appearing on the Services are subject to change without notice. Actual Logic is not responsible for any such changes and advises you to confirm all specific terms appearing on the or through the Services before acting in reliance on such terms. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

We reserve the right, but are not obligated, to limit the sales and/or coverage of our products or Services to any person, geographic region or jurisdiction. All descriptions of product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product or coverage type at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

We may, from time to time, host, conduct, support, or affiliate the Actual Logic Services with sweepstakes, promotions, contests, giveaways, or other reward opportunities (collectively “Contests”). Such Contests shall be governed by additional terms, and may be subject to limitations based on your location. Actual Logic reserves the right to limit, suspend, or cancel any Contest without notice.

Mobile Services: The Services may include certain features that are delivered via a mobile device, including (i) the ability to upload content to the Services via a mobile device, (ii) the ability to browse the Services from a mobile device, and (iii) the ability to access certain features through an application downloaded and installed on a mobile device. Some of our Services may allow Actual Logic to send push notifications, SMS, MMS, text messages, or other electronic messages to your mobile device. User's wireless service carrier's charges, data rates, and other fees may apply. Under no circumstances will Actual Logic be responsible for any internet service or wireless service carrier charges, fees, or expenses incurred by the user. In addition, downloading, installing, or using certain Services may be prohibited or restricted by user's carrier, and not all Services may work with all carriers or devices. If you change or deactivate your mobile telephone number, you agree to promptly update your Actual Logic account information.

We are not responsible for examining or evaluating any products, advice or services offered by any third parties whose icons, products, advice, services, tools, or hyperlinks appear on or through the Services. This includes links contained in advertisements, including banner advertisements and sponsored links. You acknowledge and agree that we provide access to such tools and products “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). Third-party products and services represented on the Services are not necessarily endorsed or recommended by Actual Logic and we disclaim all responsibility regarding the performance or the use of third-party products and services. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.

If, at our request or without a request from us, you send certain specific submissions (for example contest entries) or you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Our collection, use, and transfer of personal information through the Service is governed by our Privacy Policy. View our Privacy Policy.

You're free to stop using the Services at any time. Account termination may result in destruction of any Content, information, or data associated with your account, so keep that in mind before you decide to terminate your account. Actual Logic is also free to terminate (or suspend access to) your use of the Services, for any reason in our discretion, including your breach of these Terms.

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your request).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Certain of our Services may be subject to payments or payouts now or in the future (the "Paid Services"). Please see our Site for a description of the current Paid Services. Please note that any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of this Agreement.

We use a third-party payment processor (the "Payment Processor") to process payments in or associated with your account (your "Billing Account") for use of the Paid Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Terms of Service agreement. We are not responsible for errors by the Payment Processor. By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider or debit account (your "Payment Method"). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, debit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.

YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING OR PAYMENT ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, DEBIT CARD NUMBER, OR DEBIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT YOUR ACCOUNT. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PAID SERVICES.

Right to return the Service: If, for any reason, the accountholder is not satisfied with the service, it may be returned to us within 7 days after receipt.

Payment: Fees must be paid by the accountholder to us. The first monthly fee is due on the activation date or on a later date agreed upon by us and the accountholder. Subsequent monthly payments are due on the renewal due date.

ACTUAL LOGIC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON AND AVAILABLE THROUGH THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

In no case shall Actual Logic, our directors, officers, employees, affiliates, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

You agree to indemnify, defend and hold harmless Actual Logic and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

The provisions of these Terms concerning security, representations and warranties, assignment, prohibited activities, copyrights, trademarks, disclaimer, limitation of liability, indemnity, dispute resolution, and jurisdictional issues shall survive any such termination. You agree that if your use of this Site or the Services is terminated pursuant to these Terms, you will not attempt to use this Site or our Services, and further agree that if you violate this restriction after being terminated, you will indemnify and hold Actual Logic harmless from any and all liability that may incur therefore.

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of California.

If you believe you have a dispute or claim against us arising out of your use of the Services or under these Terms, you agree to first discuss the matter informally with us for at least 30 days. To do that, you must give us written notice, which will include your full name and contact information, the nature and basis giving rise to your dispute or claim and your proposed resolution, sent to the address below.

Actual Logic, Inc.
1820 W Orangewood Ave, Ste 105
Orange, CA 92868-5052
United States of America

If you are located in, are based in, have offices in, or do business in a jurisdiction in which this section is enforceable, you understand and agree that any dispute, claim, or controversy arising under or in connection with these Terms, including your use and access to the Services or any other content, including, but not limited to, claims as to whether any services rendered by Actual Logic or persons employed or engaged by Actual Logic were unnecessary or unauthorized or were improperly, negligently, or incompetently rendered, shall be finally and exclusively resolved by binding arbitration under the American Arbitration Association's (“AAA”) Commercial Arbitration Rules and Mediation Procedures and Consumer-Related Disputes Supplementary Procedures, and not by a lawsuit or resort to court process, except as California law provides for judicial review of arbitration proceedings. Each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights. It is your responsibility to pay any AAA filing, administrative and arbitrator fees as set forth in the AAA Rules.

YOU ACKNOWLEDGE AND AGREE THAT BOTH PARTIES TO THE TERMS WAIVE THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. The parties further agree that the arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this agreement to arbitrate. Any such controversy shall be arbitrated on an individual basis, unless both parties otherwise agree in writing. The arbitration shall be held in California.

If you are not located in, are not based in, do not have offices in, and do not do business in the United States, any arbitration between you and Actual Logic will be finally settled under the Rules of Arbitration of the International Chamber of Commerce (“ICC Rules”) by one or more arbitrators appointed in accordance with the ICC Rules and will be administered by the International Court of Arbitration of the International Chamber of Commerce. You agree that such arbitration will be located in the Southern District of California, and waive any objection to such jurisdiction or venue.

You may cancel this agreement to arbitrate by giving written notice to Actual Logic within 30 days of the date of your acceptance. Should you choose to withdraw from the arbitration provision, all other provisions of the Terms shall remain in full force and effect.

If for any reason a claim proceeds in court rather than arbitration, each party waives any right to a jury trial. You agree to the personal jurisdiction by and venue in the state courts of California or a United States District Court, California, and waive any objection to such jurisdiction or venue.

By using the Services and agreeing to these Terms, you are signing this Terms of Service agreement electronically. You agree your electronic signature is the legal equivalent of your manual signature on this Terms of Service agreement. By creating an account, you consent to be legally bound by this Terms of Service agreement's terms and conditions. You further agree that your use of a keypad, mouse or other device to select an item, button, icon or similar act/action, or to otherwise provide Actual Logic, or in accessing or making any transaction regarding any agreement, acknowledgment, consent terms, disclosures or conditions constitutes your signature (hereafter referred to as "E-Signature"), acceptance and agreement as if actually signed by you in writing. You also agree that no certification authority or other third-party verification is necessary to validate your E-Signature and that the lack of such certification or third-party verification will not in any way affect the enforceability of your E-Signature or any resulting contract between you and Actual Logic. You also represent that you are authorized to enter into this Terms of Service agreement for all persons who own or are authorized to access any of your accounts and that such persons will be bound by the terms of this Terms of Service agreement.

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, supplement, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes. You understand that our relationship with you may be governed by additional terms or agreement.

Questions about the Terms of Service should be sent to us at [email protected].