Last Modified: February 4, 2013
Welcome and thank you for using MileLogr! MileLogr allows you to easily track the miles you drive for business using your Internet calendar (the “Service”). These terms of service (the “Terms”) are an agreement between you and BizLogr, Inc. (“BizLogr”, “We”, “Us” or “Our”) and govern your access to and use of the Service as well as the BizLogr website.
Please read these Terms carefully.
By using the Service, you agree to be bound by these Terms. If you are using the Service on behalf of another entity (such as your employer), you are agreeing to these Terms for that entity, and you promise that you have the authority to do so. In that case, “you” and “your” will refer to that entity. If you do not agree to these terms, do not use the Service.
Setting Up the Service
In order to access and use the Service, you must connect MileLogr to your Internet calendar (e.g. Microsoft Office 365 or Google Calendar). Doing so will create a MileLogr account (“Account”).
Privacy and Security
We take safeguarding Your Information very seriously. We use generally-accepted, industry-standard administrative, physical and technical measures designed to protect Your Information from unauthorized access, both during transmission and once We receive it. However, no method of transmission over the Internet, or method of electronic data storage, is completely secure. Therefore, while We strive to use commercially acceptable means to protect Your Information, We cannot guarantee its absolute security.
You Own Your Information
You retain full ownership and control of Your Information. Except for the limited permissions set forth below that We need in order to provide the Service to you, We do not claim any rights to Your Information. By setting up an Account, you give Us permission, solely for the purposes of performing the Service, to: (i) access Your Information; (ii) store Your Information on Our systems (and/or those of Our hosting vendor); and (iii) do those things required in order to administer and provide the Service to you. These permissions also extend to trusted third parties that We work with in order to provide the Service, but again, solely for the purposes of providing the Service to you.
You are responsible for maintaining a backup of Your Information. We will not be responsible or liable for any:
- loss or corruption of Your Information; or
- costs or expenses associated with backing up or restoring any of Your Information.
We have no obligation to keep, and may delete Your Information after your Account has been closed.
Acceptable Use of the Service
You agree not to:
- Upload, store, access or transmit any information or content: (i) that you do not have the lawful right to copy, transmit, distribute, or display; (ii) that is false or misleading; (iii) that is defamatory; (iv) that is obscene, pornographic, or offensive; (v) that promotes bigotry, racism, hatred, or harm against any individual or group; or (vi) that violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
- Access, tamper with, or use any non-public areas of the Service or BizLogr's (or its service providers’) computer systems;
- Attempt to probe, scan, or test the vulnerability of the Service, or any related system, or network;
- Attempt to breach or otherwise circumvent any security or authentication measures used in connection with the Service or any related system, or network, including accessing or searching the Service by any means other than BizLogr’s publicly supported interfaces;
- Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Service;
- Harm or threaten to harm other users in any way;
- Interfere with, or attempt to interfere with, the Service or the access of or use of the Service by any user, including without limitation, by sending a virus, overloading, flooding, spamming, or mail-bombing the Service;
- plant malware or otherwise use the Service to distribute malware;
- Send unsolicited email, junk mail, spam, chain letters, promotions, or advertisements for products or Service;
- Impersonate or misrepresent your affiliation with any person or entity, including “spoofing” or “phishing”;
- Violate any applicable law or regulation; or
- Encourage or enable any other individual to do any of the foregoing.
Third Party Content
The Service may contain links to third-party websites or resources. We do not endorse and are not responsible or liable for their availability, accuracy, content, products, or service. You are solely responsible for your access to and use of any such websites or resources.
BizLogr Software, Content and Feedback
The Service may include client software (the “Software”) that may be downloaded on devices that you use in order to access and use the Service. The following terms apply to your use of the Software.
BizLogr hereby grants you a limited, nonexclusive, nontransferable, revocable, worldwide right and license to install and use the Software solely to access and use the Service. You may use the Software on any device within your possession and control that you use to access the Service for your own use. Your license to use the Software automatically terminates if you materially violate these Terms or your Account is terminated.
Except as expressly set forth in the license grant above, these Terms do not grant you any right, title, or interest in the Service or the Software. The Software is licensed and not sold to you, and BizLogr reserves all rights not expressly granted in these Terms. Except as allowed by applicable law, you may not modify, reverse engineer, disassemble, decompile, or otherwise attempt to derive the source code of the Software, or authorize any third party to do any of the foregoing. In addition, you may not transfer, sublicense, lease, lend, rent or otherwise distribute the Software to any third party. You will not delete or alter the copyright, trademark, or other proprietary rights notices or markings appearing on the Software as delivered to you.
The Software and other technology BizLogr uses to provide the Service are protected by copyright, trademark, and other laws in the United States and foreign countries. These Terms do not grant you any rights to use BizLogr’s trademarks, logos, domain names, or other brand features.
Updates and Upgrades
The Service may update or upgrade the Software on your device automatically when a new version is available. Software updates and upgrades are governed by these Terms unless other terms accompany the updates or upgrades.
BizLogr does not provide technical support for the Software. Online self-help options and support through community forums are available on the BizLogr website. BizLogr is not responsible for any support you obtain through the community forums.
U.S. Government End Users
The Software and any related documentation are “commercial items” as that term is defined in FAR 2.101, consisting of “commercial computer software” and “commercial computer software documentation,” respectively, as such terms are used in FAR 12.212 and DFARS 227.7202. If the Software and related documentation are being acquired by or on behalf of the U.S. Government, then, as provided in FAR 12.212 and DFARS 227.7202-1 through 227.7202-4, as applicable, the U.S. Government's rights in the Software and related documentation will be only those specified in these Terms.
You acknowledge that the Software may be subject to United States export jurisdiction. You agree to comply with all applicable national and international laws that apply to your use of the Software, including United States Export Administration Regulations, as well as end user, end use and destination restrictions which may be issued by the United States and other governments.
BizLogr welcomes your feedback, comments and suggestions for improving the Service (“Feedback”). However, you understand and agree that if you provide BizLogr with Feedback, BizLogr will be free to use and exploit that feedback in any manner without restriction of any kind and without any need to compensate you.
Modifications and Scheduled Maintenance
We perform system maintenance on a regular basis to help ensure high-quality of service. We use commercially reasonable efforts to ensure that the Service is available for use during this time. We will use commercially reasonable efforts to perform all maintenance during Our pre-scheduled maintenance windows. The scheduled maintenance window is currently between 10:00 p.m. Friday and 2:00 a.m. Saturday, U.S. Pacific Standard Time.
There is no charge to use the Service. However, We do charge a fee for reports that you generate using the Service. The applicable fees are set forth on the MileLogr website. If We change the fees that We charge for reports, We will provide you with notice to the e-mail account you used to register for the Service.
We require payment by credit card in advance for the reports that you generate. We use a third party payment processing service and do not collect or store your credit card information. By ordering a report, you authorize us to charge your credit card for such report. All reports that you order are non-cancelable and the fees are non-refundable. However, We will work with you to resolve any reasonable and good-faith disputes.
Our fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including but not limited to value-added, sales, use or withholding taxes, assessable by any local, state, provincial, federal or foreign jurisdiction (collectively, “Taxes”). You are responsible for paying all Taxes associated with your purchases hereunder. If We have the legal obligation to pay or collect Taxes for which you are responsible under this paragraph, the appropriate amount will be invoiced to and paid by you. For clarity, We are solely responsible for taxes assessable against Us based on Our income, property and employees.
You can close your Account at any time.
We can discontinue or change the Service at any time. We will make commercially reasonable efforts to notify you if We decide to do so.
We Don’t Give Tax Advice
MileLogr provides you with a simple way to keep track of the miles you travel for business. However, We are not providing you with any tax advice and We make no claims regarding the deductibility of the miles you track using MileLogr. You are solely responsible for ensuring, in consultation with your accountant or tax attorney, that the mileage you report is deductible.
Warranty and Disclaimers
THE SERVICE AND SOFTWARE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BIZLOGR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. THESE INCLUDE THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. BIZLOGR DOES NOT WARRANT THAT: (I) THE USE OR QUALITY OF THE SERVICE OR SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, TIMELY, SECURE OR MEET YOUR REQUIREMENTS OR EXPECTATIONS; (II) THE RESULTS OBTAINED FROM USE OF THE SERVICE OR SOFTWARE WILL BE ACCURATE OR RELIABLE; OR (III) ANY ERRORS IN THE SERVICE OR SOFTWARE WILL BE CORRECTED. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SERVICE AND SOFTWARE REMAINS WITH YOU.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL BIZLOGR, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES. THIS INCLUDES DAMAGES FOR LOSS OF PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION OR DATA, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY, NEGLIGENCE, AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER. THESE LIMITATIONS APPLY REGARDLESS OF LEGAL THEORY, EVEN IF SUCH DAMAGES WERE REASONABLY FORESEEABLE OR A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. BIZLOGR’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE OR THE SOFTWARE SHALL BE LIMITED TO THE GREATER OF $5 OR THE AMOUNTS PAID BY YOU TO BIZLOGR FOR THE SERVICE FOR THE PAST THREE MONTHS. Some states do not allow the types of limitations in this paragraph, so they may not apply to you.
We may revise these Terms from time to time and the most current version will always be posted on the MileLogr website. We will make commercially reasonable efforts to notify you if a revision, in Our sole discretion, is material. Such notice may be by email to the email address associated with your Account. You agree to be bound by the revised Terms by continuing to access or use the Service after the revisions become effective. If you do not agree to the new terms, please stop using the Service.
Miscellaneous Legal Terms
These Terms and the use of the Service and Software are governed by Washington Law without regard to its conflicts of laws principles. All claims arising out of or relating to these Terms, the Service, or the Software must be litigated exclusively in the federal or state courts located in King County, Washington and you consent to venue and personal jurisdiction there. These Terms constitute the entire and exclusive agreement between you and BizLogr with respect to the Service and Software, and supersede and replace any other agreements, terms or conditions applicable to the Service and Software. These Terms create no third party beneficiary rights. BizLogr’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Agreement will remain in full effect and an enforceable term will be substituted to reflect the original intent as closely as possible. You may not assign any of your rights in these Terms, and any such attempt is void. However, BizLogr may assign its rights to any of its affiliates or subsidiaries, or to a successor in interest. BizLogr and you are independent contractors and not legal partners or agents.