BETA Terms of Service And Privacy Disclosure for GOTOWEBINAR PAYMENT INTEGRATION
Effective August 6, 2019
1. Acceptance of Terms. These Beta Terms of Service (“Terms”) contain the additional terms and conditions that apply to you and, if applicable, the company you represent, and your use of GoToWebinar Payment Integration (the “Service”) and your participation in this Beta Program provided by LogMeIn USA, Inc. (“LMI”). Except as noted herein, the Terms of Service governing your access to and use of any existing LMI service are not changed and continue to apply to the use of that service. LMI reserves the right to make changes to the Terms from time to time. By accessing and using the Service, you agree to be bound by the most current version of the Terms. If you do not agree to the Terms, then you may not access or use the Service. You may not use the Service if you are barred from receiving the Service under the laws of the United States or other countries including the country from which you use the Service. You affirm that you are over the age of 18 or the applicable age of majority in the jurisdiction from which you are using the Service and have the authority to agree to these Terms. As long as you comply with these Terms, LMI grants you a non-exclusive, non-transferable, limited right to use the Service.
2. Description of the Service. The Service provides you with the ability to charge people to attend your GoToWebinar sessions by integrating with a separate online payment platform account (e.g., Stripe, Inc.). Additional how-to and other information can be found in the FAQ document provided by LMI.
5. Use of the Service; User Accounts. Access to the Service requires that you opt in to its use by an affirmative response to your emailed invitation. Upon such acceptance, the Service will be enabled on your account. During your and any invited users’ (including any employees, contractors, agents or invited participants) use of the Service, you will be responsible for any and all activities that occur while using the Service. If you are required to set up an account in order to use the Service, you must maintain the confidentiality of your account and password, and you agree to notify LMI promptly of any unauthorized access or of any suspected breach of your account’s security. You may be held liable for losses incurred by LMI and/or third parties due to unauthorized access using your account or password.
6. Fees. As part of your use of the Service, LMI will charge a 1.9% convenience fee based on the fee charged to each registrant. This is in addition to any separate fee that may be charged by the online payment platform vendor. You may issue refunds to registrants through your GoToWebinar account or through your separate online payment platform account. Any refunds issued through your GoToWebinar account within 60 days of registration will include a refund of the LMI convenience fee. If the refund issued through the separate online payment platform account, LMI cannot refund the convenience fee.
8. Consent to Collection of Data and Use of Analytics. You agree that LMI may collect and use technical data, usage and quality statistics and related information (collectively “Analytics”) that are gathered periodically to facilitate the provision of updates, support, and other services to you related to the Service. LMI and its third party providers may monitor, use, and store Analytics to improve the Service.
10. No Technical Support. LMI and its third party providers do not, and are not obligated to, provide any maintenance, technical support, or other support for the Service. LMI strongly recommends that you back up all data and information prior to using the Service.
11. Acceptable Use Policy. You agree, on behalf of yourself and your users not to use the Service in a manner that: (a) abuses or materially disrupts any aspect of the networks, security systems, websites, and/or other services of LMI; (b) interferes with the use of the Service by other users; (c) generates or facilitates unsolicited and unauthorized advertising or marketing communications, including spam (see LMI Anti-Spam Policy); (d) violates or facilitates the violation of the legal rights of others, and/or (e) otherwise constitutes abuse, in LMI’s sole discretion. You agree not to access or attempt to access the Service by any means other than through the interface(s) provided by LMI. You will not use the Service for fraudulent or illegal purposes, including the storage or transmission of content infringing the intellectual property rights of others, or to communicate any message or material that is deemed harassing, threatening, indecent, obscene, slanderous, defamatory, or otherwise unlawful. You will not use the Service to intentionally distribute malware, viruses, or any other computer code, files or programs of a destructive or deceptive nature.
12. Voice and Data Transmission Charges. You are responsible for all fees and charges imposed on you by your telephone carriers, wireless providers, and other voice and/or data transmission providers for voice and data transmission used by you to access and use the Service, if any. This includes any standard text messaging rates and quota limits applicable to text messages send and/or received in connection with the Service.
13. Ownership. You hereby acknowledge that LMI (or its licensors or suppliers) own all legal right, title, and interest in and to the Service, including any intellectual property rights which exist in the Service (whether those rights are registered or unregistered, and wherever in the world those rights may exist). You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble, or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Service or proprietary information related thereto. You shall not use or register (or attempt to register) any trademarks (including domain names) that are derived from or confusingly similar to those of LMI.
14. Modification and Termination. You may discontinue your use of the Service at any time and may affirmatively opt-out of the beta program by emailing paymentsBeta@logmein.com. Notwithstanding any provision of these Terms, LMI reserves the right to discontinue the beta program and provision of the Service at any time. LMI makes no representation that the Service will be made generally available or offered publicly outside of a beta program in the future. LMI reserves the right to modify the Service while in the beta program with no notice to you and to discontinue certain features and functionality, or restrict access at any time in its sole discretion with or without notice to you, provided that LMI will allow you to deliver any scheduled webinars for which you are charging registrants. LMI reserves the right to offer the Service and make it generally available, if at all, in any manner it sees fit, including as a feature of another service, as a paid-for product, or for free, and to change the price according to any governing contract document, if one is charged. If LMI reasonably determines that you are not using the Service, or any features or functionality within the Service, in a reasonable manner, LMI reserves the right to impose limits on or terminate your use of the Service. LMI may determine abnormal usage of the Service through comparison with overall customer usage patterns.
15. DISCLAIMER OF WARRANTIES. YOU HEREBY ACKNOWLEDGE AND AGREE THAT THE SERVICE IS PROVIDED BY LMI AND ANY THIRD PARTY PROVIDERS OR LICENSORS ON AN “AS IS” BASIS AND “AS AVAILABLE” BASIS, AND MAY CONTAIN BUGS, ERRORS, AND OTHER DEFECTS. YOUR ACCESS TO AND/OR USE OF THE SERVICE, LMI WEBSITES, AND/OR LINKED SITES, IS AT YOUR SOLE RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, LMI EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. LMI MAKES NO WARRANTY THAT ANY OF THE SERVICE WILL MEET YOUR REQUIREMENTS AND/OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY OR ERROR-FREE, NOR DOES LMI MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR THE ACCURACY OF ANY OTHER INFORMATION OBTAINED THROUGH THE SERVICE OR THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED. LMI MAKES NO WARRANTIES OR GUARANTEES REGARDING THE SECURITY OF THE SERVICE. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH YOUR USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY INTERNET ACCESS FEES, BACK-UP EXPENSES, COSTS INCURRED FOR THE USE OF YOUR DEVICE AND PERIPHERALS, AND ANY DAMAGE TO ANY SOFTWARE, INFORMATION, DATA OR EQUIPMENT. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED (INCLUDING PLUG-INS) THROUGH THE USE OF ANY OF THE SERVICE IS AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM AND/OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LMI OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
16. LIMITATION ON LIABILITY. IN NO EVENT WILL LMI, ITS LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL AND/OR INCIDENTAL LOSS, EXEMPLARY OR OTHER DAMAGES RELATED TO THE SERVICE, AND/OR WHETHER DIRECT OR INDIRECT: (a) LOSS OF DATA, (b) LOSS OF INCOME, (c) LOSS OF OPPORTUNITY, (d) LOST PROFITS, OR (E) COSTS OF RECOVERY OR ANY OTHER DAMAGES, HOWEVER CAUSED AND BASED ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), VIOLATION OF STATUTE, OR OTHERWISE, AND WHETHER OR NOT LMI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, LMI, ITS LICENSORS AND SUPPLIERS’ ENTIRE LIABILITY HEREUNDER IS LIMITED TO $50.00. SOME JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
17. Indemnification. You agree to indemnify, defend, and hold harmless LMI, its parent company, affiliates and subsidiaries, officers, directors, members of each and all agents, employees, advertisers, licensors, suppliers and/or partners, from and against any third party claim arising from or in any way related to (a) your breach of these Terms, (b) your use of the Service, (c) your violation of applicable laws, rules or regulations in connection with the Service, or (d) your user content or any claims related thereto, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, LMI will provide you with written notice of such claim, suit or action.
18. Compliance with Laws. You agree to comply with all applicable local, state, national and foreign laws, rules, and regulations applicable to your use of the Service, including any laws regarding recording, the export of data or software, and data sharing, data processing and data transfer laws and regulations.
19. International Use. The Service is intended for use only from within the United States. If you choose to access the Service from locations other than the United States, you access the Service by your own initiative and at your own risk and you are responsible for compliance with all relevant laws and regulations, including those relating to export, import, use, transmission and/or communication of any user content.
20. Copyright. If you believe the Service has been used in a manner that constitutes copyright infringement, you should follow the process outlined here: https://www.logmeininc.com/legal/dmca.
22. Governing Law. These Terms are governed by and construed in accordance with the laws of the State of Massachusetts, exclusive of any provisions of the United Nations Convention on Contracts for Sale of Goods, including any amendments thereto, and without regard to its conflicts of law principles. Any litigation or other dispute resolution between you and LMI arising out of or relating to these Terms or your use of the Service shall be instituted in a state or federal court in Boston, Massachusetts. You and LMI hereby consent to the personal jurisdiction of and exclusive venue of these state and federal courts with respect to any such litigation or dispute resolution.
23. Authority. By accepting these Terms, you hereby represent and warrant that you have all necessary authority to enter into and perform its obligations under these Terms without the consent of any third party or breach of any obligation or duty to any third party.