Disclaimer & Terms Of Use

Please read below for information regarding LeakTronics disclaimer information. For further questions, please call 818-436-2953.

By making your purchase from LeakTronics, you agree to the terms and conditions of sale through this website, as posted below. By making this purchase through LeakTronics, you agree that by submitting your payment method, online or by telephone, i.e.: billing address and shipping address, business name, personal name and payment information, it serves as a digital signature, agreeing you will make the complete payment for all items placed in the order using the payment information you have provided.

ALL SALES ARE FINAL.

Warranty

LeakTronics equipment is warrantied for a period of two years. LeakTronics reserves the right to either repair or replace merchandise covered by warranty. LeakTronics Limited Warranty will not cover repairs for misuse (i.e. use in applications not recommended, abuse, water damage to electronic components (i.e., amp, camera monitor). Our Red Line Pipe Test Plugs are warranted for life.

There are no refunds on training courses.

Shipping & Delivery

Shipping charges are calculated on the following variables:

  • Items Ordered + Quantity
  • Total Weight of Items
  • Dimension
  • Destination

Shipping will be applied only once for your entire order.

A signature is required for all deliveries. If you need to make arrangements for delivery without a signature, contact LeakTronics at 818-436-2953. We are not responsibility for lost or stolen deliveries that bypass the required signature process.

International Shipping Disclaimer/Policy

Delays in International shipments may occur due to heavy load on postal services and customs. International orders might be subject to import taxes/duties. For information, please contact your local customs authority.

We are not responsible for assuring that the product can be lawfully imported to the destination country. When ordering from LeakTronics or LeakTronics.com, the recipient is the importer of record and must comply with all laws and regulations of the destination country. Upon delivery Duties & Taxes may or may not be collected.

Restocking

Many components of different kits are custom made for each order. Therefore there will be a 25% restocking fee, even if the order is cancelled prior to shipping with no exceptions. There will be a 25% restocking fee for any unused kit returned. There will be no returns on equipment which has been used. Product shipped may not match the exact pictures on our website due to the fact we are constantly upgrading our equipment.   There will be no refund of any kind for any training course purchased.

Any returned packages either authorized or unauthorized must be insured for the full value of the item(s) at the purchasers (shippers) expense. LeakTronics (Caltech Pools) will not be liable for any lost or damaged shipments.

Arbitration

All claims and disputes arising under or relating to any disputes or claims are to be settled by binding arbitration in the state of California. An award of arbitration may be confirmed in a court of competent jurisdiction.

Red Line Plug Terms and Conditions

Purchaser Acknowledges

Purchaser is responsible to research and learn the hazards and safety measures of performing a pressure test. Purchaser acknowledges and warrants to LeakTronics that they (purchaser) will properly use the LeakTronics Red Line Pressure Test Plugs in the manner for which they were made and also confirms to use said plugs in a manner which conforms with applicable laws in their area with respect to the goods for their intended purpose. If any plugs show any wear and tear, customer to send them back; customer to pay shipping.

Warranty

LeakTronics is a reliable manufacturer of high quality products. Our Red Line Pipe Test Plugs are warranted for life.

Purchaser’s Indemnity

Purchaser agrees to indemnify and hold LeakTronics, its employees, officers, directors, agents, successors, and assigns,
from and against any and all losses, claims, demands, liabilities, costs and expenses (including reasonable attorneys’ fees
and other costs of litigation) that LeakTronics or any of such persons may sustain or incur whether based upon negligence,
breach of express or implied warranty, strict liability in tort, contract or any other theory of law (a “claim” or “claims”) brought
by Purchaser, its employees, officers, directors, agents, successors, and assigns, by an end user of the goods or by any
other person or entity arising out of the goods or their sale or use. Purchaser shall notify LeakTronics of any such claim or
facts of which it becomes aware which could become the basis of a claim, and shall make available all statements, reports
and tests made by Purchaser or for Purchaser or made available to Purchaser. Purchaser will undertake the defense of each
such claim. LeakTronics may participate in the defense of any such claim to the extent it deems advisable.

Force Majeure

LeakTronics shall not be liable for any breach of its obligations here-under or otherwise with respect to LeakTronics Red Line
Test Plugs if such breach was caused, either in whole or in part, by any factor outside of LeakTronics control, including,
without limitation, stock-outs; fire or other casualty; strikes or other labor disturbances; failure of any sources of supply
(including, without limitation, transportation and utilities); war, terrorism, insurrection, riot or other violent disturbances; and
governmental actions (including, without limitation, embargoes and new laws and regulations). LeakTronics reserves the right
to allocate its available products in such a manner as it deems appropriate in the event of any shortage thereof so caused.

Intellectual Property

LeakTronics shall retain all rights in all intellectual property, including any rights under any patents as well as any unpatented
information, such as trade secrets, confidential information, trademarks, trade dress or copyrights possessed by LeakTronics
which may be protected by state, federal and/or common law, and nothing in these Terms and Conditions shall be deemed or
construed to be a transfer or license of any of LeakTronics intellectual property. Purchaser shall obtain rights to such
intellectual property only to the extend that LeakTronics may grant such rights (whether by license or otherwise) in writing.

Pulse Generator, Line Locator Terms and Conditions

Purchaser Acknowledges

Purchaser is responsible to research and learn the hazards and safety measures of Pulse line locating. Purchaser
acknowledges and warrants to LeakTronics that they (purchaser) will properly use the LeakTronics Pulse Generator, Line Locator
in the manner for which it was made and also confirms to use said Pulse in a manner which conforms with applicable laws in their area with respect to the goods for their intended purpose.  Prior to using The Pulse Generator, any water line accessory (hot water heater, filtration system, softener, etc.) plumbed into line to be located should be either turned off, bypassed, isolated or removed.

Purchaser’s Indemnity

Purchaser agrees to indemnify and hold LeakTronics, its employees, officers, directors, agents, successors, and assigns,
from and against any and all losses, claims, demands, liabilities, costs and expenses (including reasonable attorneys’ fees
and other costs of litigation) that LeakTronics or any of such persons may sustain or incur whether based upon negligence,
breach of express or implied warranty, strict liability in tort, contract or any other theory of law (a “claim” or “claims”) brought
by Purchaser, its employees, officers, directors, agents, successors, and assigns, by an end user of the goods or by any
other person or entity arising out of the goods or their sale or use. Purchaser shall notify LeakTronics of any such claim or
facts of which it becomes aware which could become the basis of a claim, and shall make available all statements, reports
and tests made by Purchaser or for Purchaser or made available to Purchaser. Purchaser will undertake the defense of each
such claim. LeakTronics may participate in the defense of any such claim to the extent it deems advisable.

Force Majeure

LeakTronics shall not be liable for any breach of its obligations here-under or otherwise with respect to LeakTronics Pulse Generator, Line Locator if such breach was caused, either in whole or in part, by any factor outside of LeakTronics control, including,
without limitation, stock-outs; fire or other casualty; strikes or other labor disturbances; failure of any sources of supply
(including, without limitation, transportation and utilities); war, terrorism, insurrection, riot or other violent disturbances; and
governmental actions (including, without limitation, embargoes and new laws and regulations). LeakTronics reserves the right
to allocate its available products in such a manner as it deems appropriate in the event of any shortage thereof so caused.

Intellectual Property

LeakTronics shall retain all rights in all intellectual property, including any rights under any patents as well as any unpatented
information, such as trade secrets, confidential information, trademarks, trade dress or copyrights possessed by LeakTronics
which may be protected by state, federal and/or common law, and nothing in these Terms and Conditions shall be deemed or
construed to be a transfer or license of any of LeakTronics intellectual property. Purchaser shall obtain rights to such
intellectual property only to the extend that LeakTronics may grant such rights (whether by license or otherwise) in writing.

LeakTronics Online Training Terms of Use

LeakTronics is a division of Torque Lock Structural Systems

1. Terms

By accessing the material in this training, you are agreeing to be bound by these Terms of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this training are protected by applicable copyright and trademark law.

2. Use License

  1. Permission is granted to temporarily download one copy of any downloadable materials on the training website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
    1. modify or copy the materials;
    2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
    3. attempt to decompile or reverse engineer any software contained on the training web site;
    4. remove any copyright or other proprietary notations from the materials; or
    5. transfer the materials to another person or ‘mirror’ the materials on any other server.
  2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by LeakTronics at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer

The materials on this online training are provided ‘as is’. LeakTronics makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, LeakTronics does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

4. Limitations

In no event shall LeakTronics 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 or inability to use the materials on the LeakTronics website, even if LeakTronics or an authorized user of the training has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Revisions and Errata

The materials appearing on the online training website may include technical, typographical, or photographic errors. LeakTronics may make changes to the materials contained on its web site at any time without notice. LeakTronics does not, however, make any commitment to update the materials.

6. Site Terms of Use Modifications

LeakTronics may revise these Terms of Use for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these Terms of Use.

7. Governing Law

Any claim relating to the on line training shall be governed by the laws of California, Torque Lock’s home jurisdiction and will be subject to all binding arbitration laws.

8. Notice

Course material is protected by copyright law. Title 17,u.s. code. Sharing your sign in credentials is strictly prohibited. Students may view this course from two I.P. addresses (computer, tablet, etc.) When you are reviewing this course, we will be notified of your IP address. I hereby understand that Leaktronics has the right to temporarily suspend my account if and when it is signed on by a third IP address or if my user name or password is used by a second party. After a temporary suspension, LeakTronics has the right to limit your account to one of your original IP addresses. If the account is shared again, LeakTronics has the right to suspend the account indefinitely without any refund.

9. Performance

UNDER NO CIRCUMSTANCE WILL LEAKTRONICS BE LIABLE FOR ANY DIRECT, INDIRECT INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. LEAKTRONICS CANNOT BE RESPONSIBLE FOR TRAINEES PERFORMANCE, LEAKTRONICS CAN ONLY PROVIDE THE TRAINING AND TOOLS NECESSARY, BUT ANY SUCCESS WILL BE THE MOTIVATION AND BUSINESS SKILLS OF THE TRAINEE (INCLUDING WITHOUT LIMITATION, LOST REVENUE, LOST PROFITS, LOSS OF INCOME OR LOSS OF BUSINESS ADVANTAGE), WHETHER OR NOT FORESEEABLE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS OF LIABILITY WILL REMAIN IN FULL FORCE AND EFFECT, REGARDLESS OF WHETHER EITHER PARTY’S REMEDIES HEREUNDER ARE DETERMINED TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE.

Online Training Purchase Copyright & Disclaimer

The Association of Certified Swimming Pool Inspectors (ACSPI – collectively known as LeakTronics Training) Copyright and Disclaimer Agreement establishes the terms and conditions under which ACSPI will allow you, or, in the case that you represent a corporation or other organization, that corporation or organization, (collectively the “Customer”) to access the Certified Pool/Spa Inspector Training Program. This ACSPI Copyright and Disclaimer Agreement consists of the general terms and conditions found below.

By enrolling in or otherwise using the Certified Pool/Spa Inspector Training Program, Customer acknowledges: (1) Customer has read the entire Agreement, including those terms and conditions below; (2) Customer agrees to be bound by the terms and conditions contained in this Agreement, as well as the pricing and policies incorporated by reference; and (3) the person agreeing to be bound by the terms and conditions contained in this Agreement has the authority to bind Customer to the terms and conditions of this Agreement. If customer does not agree with the terms and conditions contained in this agreement, ACSPI is not willing to allow customer access to the training.

The information contained in this Training Program is not a substitute for the maintenance of a swimming pool, spa or water feature. Certified Pool/Spa Inspectors shall be familiar with, and abide by, all pertinent local, state and federal laws, regulations, codes-of-practice, standards of design and operation, and guidelines. The Certified Pool/Spa Inspector shall consult industry publications for current information regarding local code, equipment, legislative changes and liability concerns. It is the responsibility of the Certified Pool/Spa Inspector to be familiar with the commonly accepted practices, as they would apply to the inspections he or she inspects and to have a copy of the appropriate information on file. Several of these references are contained in the Training Program; however, the Certified Pool/Spa Inspector should be aware that these references are under recurring review, and changes may have occurred since the publishing of this program.

The Certified Pool/Spa Inspector Training Program should be only be used in concurrence with the applicable, appropriate laws, regulations, and codes, and not as a replacement for those items. Professionals who use this Training Program should do so in tandem with their own knowledge and experience, and with assistance received from other professionals in the industry. Those with limited knowledge of the spa and pool industry may find this Training Program informative or useful. However, it is strongly recommended that an attorney or other professional with experience in the specific industry-related matters be consulted for advice as to any particular situation. While the Training Program includes many guidelines and recommendations, the Training Program cannot meet every need or address every type or kind of situation. It is anticipated and expected that the user will find it necessary to supplement or revise the information to adapt it to apply to a particular situation. Failure to meet reasonable standards for inspection, as it applies to the safe environment for the public and employees, may result in serious legal consequences, even if the guidelines suggested in this publication have been followed.

TO THE FULLEST EXTENT NOT PROHIBITED BY APPLICABLE LAW, ACSPI, THE AUTHORS AND EDITORS OF THIS PUBLICATION DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, ACSPI, THE AUTHORS AND EDITORS DO NOT WARRANT, AND DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, THAT THE INFORMATION CONTAINED HEREIN IS FREE FROM ERROR, APPLIES TO EVERY SITUATION, COMPLIES WITH LOCAL, STATE OR FEDERAL LAWS, OR IS FIT FOR ANY PARTICULAR PURPOSE. Under no circumstances shall ACSPI, the authors or editors be liable for any damages, including direct, incidental, special, consequential or exemplary damages that result from the use of this Training Program or the information contained therein, even if ACSPI, the authors or editors have even advised of the possibility of such damages. This Training Program and the information therein, including these legal notices and terms, shall be governed and interpreted in accordance with he substantive law of the the State of California of the United States of America, without reference to the principles of conflicts of law.

All rights reserved. No portion of this Training Program may be reproduced, copied or utilized in any form or by any means, electronic or mechanical, including photocopying, recording, or by any information storage or retrieval system, without permission in writing from ACSPI. Inquires should be made in writing, addressed to LeakTronics, 28438 Roadside Drive, Agoura Hills, CA 91301.

The LeakTronics Leak Detection APP/Software

Our Terms Of Service

By using LeakTronics Inspection and Leak Detection APP (“the LeakTronics APP”), you agree to the following terms and conditions, and any policies, guidelines or amendments thereto that may be presented to you, including but not limited to Program Policies and Legal Notices (collectively, the “Terms”). We may update the Terms in the future, and you will be able to find the most current version of this agreement at https://leaktronics.com/disclaimer-and-information/

USE OF SERVICES

LeakTronics offers the LeakTronics APP to You, who has paid for the rights to this license, provided that You are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. In order to access certain services, You may be required to provide current, accurate identification, contact, and other information as part of the registration process and/or continued use of the LeakTronics APP. You are responsible for maintaining the confidentiality of Your account password, and are responsible for all activities that occur under Your account. You agree to immediately notify LeakTronics of any unauthorized use of Your password or account or any other breach of security. LeakTronics cannot and will not be liable for any loss or damage arising from Your failure to provide us with accurate information or to keep Your password secure.

 

You are the owner of this license, and are a business organization, entity, or individual which has paid for the rights to this license. As the licensed user of the LeakTronics APP, then You own such rights apart from any of Your agents, representatives, or employees, whose rights come from or are derived from Your license to the LeakTronics APP and USE OF SERVICES. If an agent, representative or employee of You feels that he/she is the owner of the rights of the LeakTronics APP and USE OF SERVICES, then he/she must prove that such agent, representative or employee has secured the license in his/her own name. Otherwise, “You” shall be presumed to be the business or entity that has actually purchased the LeakTronics APP and USE OF SERVICES. If You have a non-competition or other restrictive agreement with any agent, representative, or employee, LeakTronics shall not be requested to enforce such agreement between You and any other person or entity. If You and such person or entity cannot agree which is the owner of this license, then LeakTronics shall presume that the person who paid for the license is the rightful owner; provided, an agent, representative, or employee paid for the license, and if You reimbursed such person for such payment, then You shall be considered the owner.

APPROPRIATE CONDUCT

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”) are the sole responsibility of the person from which such Content originated. LeakTronics reserves the right, but shall have no obligation, to pre-screen, flag, filter, refuse, modify or move any Content available via the LeakTronics APP services. You understand that by using the LeakTronics APP you may be exposed to Content that is offensive, indecent or objectionable, and that you use the LeakTronics APP at your own risk.

You agree that you are responsible for your own conduct and any Content that you create, transmit or display while using the LeakTronics APP and for any consequences thereof. You agree to use the LeakTronics APP only for purposes that are legal, proper and in accordance with the Terms and any applicable policies or guidelines. You agree that you will not engage in any activity that interferes with or disrupts LeakTronics APP services or servers or networks connected to the LeakTronics APP.

 

In addition to this agreement, your use of some specifics of the LeakTronics APP is governed by the policies or guidelines specific to those services and which are specifically incorporated into this agreement.

You agree to comply with your company’s data usage and privacy policies.

Users outside of the United States agree to comply with their own local rules regarding online conduct and acceptable content, including laws regulating the export of data to and from the United States or your country of residence.

 

LEAKTRONICS/LEAKTRONICS APP PRIVACY POLICY

For information about our data protection practices, please see our Privacy Policy at https://leaktronics.com/disclaimer-and-information/. By using the LeakTronics APP, you acknowledge and agree that LeakTronics may access, preserve, and disclose your account information and any Content associated with that account if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce the Terms, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam), or (d) protect against imminent harm to the rights, property or safety of LeakTronics, its users or the public as required or permitted by law.  LeakTronics also has the right to use all content at it’s own discretion.

 

You understand that the technical processing and transmission of the LeakTronics APP, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks, devices or services.

 

You also understand and agree that LeakTronics may have access to your account and its content, and may suspend or terminate your account access and your ability to modify your account.

 

PROPRIETARY RIGHTS

LeakTronics Rights

You acknowledge and agree that the LeakTronics APP and any necessary software used in connection with LeakTronics APP/Software (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws and treaties. You further acknowledge and agree that Content contained in sponsor advertisements or presented to you through the LeakTronics APP is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by LeakTronics or other proper third party rights holders, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on Content, the LeakTronics APP or Software, in whole or in part except as specifically authorized in a separate written agreement.

Subject to the Terms, LeakTronics grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software, unless such activity is expressly permitted or required by law or has been expressly authorized by LeakTronics in writing. You agree not to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the LeakTronics APP. You agree not to access LeakTronics services by any means other than through the interface that is provided by LeakTronics for use in accessing the LeakTronics APP except as specifically authorized in a separate written agreement.

Except as expressly authorized by LeakTronics you agree not to use, copy, imitate, or incorporate any trademark, service mark, trade dress, company name, or product name in a way that is likely to cause confusion among consumers. You also agree not to remove, obscure, or alter LeakTronics or any third party’s copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the LeakTronics APP or Software.

Your Rights

By submitting, posting or displaying Content on or through the LeakTronics APP which are intended to be available to the general public, you grant LeakTronics a worldwide, non-exclusive, royalty-free license to reproduce, adapt, modify, publish and distribute such Content on the LeakTronics APP for the purpose of displaying, distributing and promoting the LeakTronics APP. LeakTronics reserves the right to syndicate Content submitted, posted or displayed by you on or through the LeakTronics APP and use that Content in connection with any service offered by LeakTronics. LeakTronics furthermore reserves the right to refuse to accept, post, display or transmit any Content in its sole discretion. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content submitted.

 

SERVICE TERM OF USER ACCOUNTS

The initial term for User Accounts will be twelve months beginning on the Service Commencement Date. Additional services purchased after the Service Commencement Date will have a prorated term ending on the anniversary of the Service Commencement Date. LeakTronics may revise its rates with at least thirty days prior written notice to Customer, including by email, effective for the following term.

 

The default setting for the Services is auto renewal for all User Accounts. If the automatic renewal setting is enabled, after the initial term each User Account will automatically renew on each anniversary of the Service Commencement Date for an additional twelve month term. Customer will pay LeakTronics the then-current yearly Fees for each renewed User Account unless Customer and LeakTronics mutually agree otherwise. Customer may alter the number of User Accounts to be renewed by communicating the appropriate number of accounts to be renewed to LeakTronics via the Admin Console.

Customer may disable the automatic renewal option via the Admin Console. If Customer disables this automatic renewal setting, Customer’s User Accounts will terminate upon the conclusion of the then current term unless the Customer’s User Accounts are manually renewed. LeakTronics may re-enable the automatic renewal setting on Customer’s behalf if Customer reduces or modifies the number of End User Accounts scheduled for renewal via the Admin Console.

 

PAYMENT

All payments due are in U.S. dollars unless otherwise indicated on the Order Page or invoice.

Fees for Credit Card orders are due immediately upon order placement. LeakTronics will bill the credit card provided via the Order Page for all applicable Fees when due. If credit card authorizations or charge attempts are declined, LeakTronics may immediately disable or cancel the Service, in its sole discretion.

 

Customer is responsible for any Taxes, and Customer will pay LeakTronics for the Services without any reduction for such amounts. If LeakTronics is obligated to collect or pay Taxes, the Taxes will be invoiced to Customer, unless Customer provides LeakTronics with a valid tax exemption certificate authorized by the appropriate taxing authority. If Customer is required by law to withhold any Taxes from its payments to LeakTronics, Customer must provide Leaktronics with an official tax receipt or other appropriate documentation to support such payments.

 

SOFTWARE AND AUTOMATIC UPDATES

Your use of any Software provided by LeakTronics will be governed by the Terms and any additional terms and conditions of the end user license agreement accompanying such Software. LeakTronics Software may automatically report version number or other diagnostic information and may automatically download upgrades to the Software to update, enhance and further develop the LeakTronics APP, including providing bug fixes, patches, enhanced functions, missing plug-ins and new versions.

 

POLICIES REGARDING COPYRIGHT AND TRADEMARKS

Any use of LeakTronics trade names, trademarks, service marks, logos, domain names, and other distinctive brand features must be in compliance with the Terms and in compliance with LeakTronics then current Brand Feature use guidelines, and any content contained or reference therein, which may be found at some such URL LeakTronics may provide from time to time.

 

GENERAL PRACTICES REGARDING USE AND STORAGE

You agree that LeakTronics has no responsibility or liability for the deletion or failure to store any Content and other communications maintained or transmitted by the LeakTronics APP. You acknowledge that LeakTronics may have set no fixed upper limit on the number of transmissions you may send or receive through the LeakTronics APP or the amount of storage space used; however, we retain the right, at our sole discretion, to create limits at any time with or without notice.

Upon the termination of your use of the LeakTronics APP, including upon receipt of a certificate or other legal document confirming your death, LeakTronics will close your account and you will no longer be able to retrieve content contained in that account.

 

PERSONAL NON-COMMERCIAL USE

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the LeakTronics APP, use of the LeakTronics APP, or access to the LeakTronics APP except as otherwise expressly provided in the Terms or as specifically authorized in a separate written agreement.

 

MODIFICATIONS TO SERVICE

LeakTronics reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the LeakTronics APP (or any part thereof) with or without notice. You agree that LeakTronics shall not be liable to you or to any third party for any modification, suspension or discontinuance of the LeakTronics APP.

 

TERMINATION

You may discontinue your use of the LeakTronics APP at any time. You agree that LeakTronics may at any time and for any reason, including a period of account inactivity, terminate your access to the LeakTronics APP, terminate the Terms, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to the LeakTronics APP, your account or any files or other content contained in your account. Upon termination your files or other content may be deleted from our servers. All free and prepaid reports and remaining service will be forfeited with no refund.

 

ADVERTISEMENTS

Some LeakTronics APP services may be supported by advertising revenue, now or in the future, and may display advertisements and promotions on the service. Such advertisements may be targeted to the content of information stored on the Leaktronics services or other information. The manner, mode and extent of advertising by LeakTronics on its services are subject to change. You agree that LeakTronics may place such advertising and that LeakTronics shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of the presence of such advertisers on LeakTronics services or your subsequent dealings with advertisers.

 

LINKS

LeakTronics services may provide, or third parties may provide, links to other World Wide Web sites or resources. LeakTronics may have no control over such sites and resources and you acknowledge and agree that LeakTronics is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that LeakTronics shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

 

INDEMNITY

You agree to hold harmless and indemnify LeakTronics, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners, (collectively “LeakTronics and Partners”) from and against any third party claim arising from or in any way related to your use of LeakTronics services, violation of the Terms or any other actions connected with use of LeakTronics services, 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, LeakTronics will provide you with written notice of such claim, suit or action.

 

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE LEAKTRONICS APP IS AT YOUR SOLE RISK. LEAKTRONICS  APP SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, LEAKTRONICS AND PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

LEAKTRONICS AND PARTNERS DO NOT WARRANT THAT (i) LEAKTRONICS SERVICES WILL MEET YOUR REQUIREMENTS, (ii) LEAKTRONICS SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF LEAKTRONICS SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH LEAKTRONICS SERVICES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF LEAKTRONICS SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LEAKTRONICS OR THROUGH OR FROM LEAKTRONICS SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT LEAKTRONICS AND PARTNERS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LEAKTRONICS OR PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE LEAKTRONICS SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM LEAKTRONICS SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON LEAKTRONICS SERVICES; OR (v) ANY OTHER MATTER RELATING TO LEAKTRONICS SERVICES.

EXCLUSIONS AND LIMITATIONS

NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

NO THIRD PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in the Terms, there shall be no third party beneficiaries to the Terms.

 

NOTICE

You agree that LeakTronics may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the LeakTronics APP.

 

GENERAL INFORMATION

Entire Agreement. The Terms (including any policies, guidelines or amendments that may be presented to your form time to time such as Program Policies and Legal Notices) constitute the entire agreement between you and LeakTronics and govern your use of LeakTronics services, superseding any prior agreements between you and LeakTronics for the use of LeakTronics services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Leaktronics services, affiliate services, third-party content or third-party software.

Choice of Law and Forum. The Terms and the relationship between you and LeakTronics shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and LeakTronics agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Los Angeles, California.

Waiver and Severability of Terms. The failure of LeakTronics to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of LeakTronics services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section headings in the Terms are for convenience only and have no legal or contractual effect.


Privacy Policy

At LeakTronics we recognize that privacy is important. This Privacy Policy applies to all of the products, services and websites offered by LeakTronics or its subsidiaries or affiliated companies; collectively, LeakTronics “Services.” In addition, where more detailed information is needed to explain our privacy practices, we may post supplementary privacy notices to describe how particular services process personal and/or confidential information.

Information we collect and how we use it.

 

In order to provide our full range of services, we may collect the following types of information:

Information you provide – When you sign up for a LeakTronics Account or other LeakTronics service or promotion that requires registration, we ask you for personal information (such as your name, email address and an account password). For certain services, we also request credit card or other payment account information which we maintain in encrypted form on secure servers. We may combine the information you submit under your account, including content, with information from other LeakTronics services or third parties in order to provide you with a better experience and to improve the quality of our services. For certain services, we may give you the opportunity to opt out of combining such information.

Cookies – When you visit LeakTronics APP, we send one or more cookies – a small file containing a string of characters – to your computer or other device that uniquely identifies your browser. We use cookies to improve the quality of our service, including for storing user preferences, improving search results and ad selection, and tracking user trends, such as how people search. LeakTronics may also use cookies in its advertising services to help advertisers and publishers serve and manage ads across the web. We may set one or more cookies in your browser when you visit a website, including LeakTronics sites that use our advertising cookies, and view or click on an ad supported by LeakTronics advertising services.

Log information – When you access LeakTronics services, our servers automatically record information that your browser sends whenever you visit a website. These server logs may include information such as your web request, Internet Protocol address, browser type, browser language, the date and time of your request and one or more cookies that may uniquely identify your browser.

User communications – When you send email or other communications to LeakTronics, we may retain those communications in order to process your inquiries, respond to your requests and improve our services.

Affiliated LeakTronics Services on other sites – We may offer some of our services on or through other web sites. Personal and/or confidential information that you provide to those sites may be sent to LeakTronics in order to deliver the service. We process such information under this Privacy Policy. The affiliated sites through which our services are offered may have different privacy practices and we encourage you to read their privacy policies.

Gadgets – LeakTronics may make available third party applications through its services. The information collected by LeakTronics when you enable a gadget or other application is processed under this Privacy Policy. Information collected by the application or gadget provider is governed by their privacy policies.

Location data – LeakTronics may offer location-enabled services, such as regional customization of templates and libraries. If you use those services, LeakTronics may receive information about your actual location (such as GPS signals sent by a mobile device) or information that can be used to approximate a location (such as a cell ID).

Links – LeakTronics may present links in a format that enables us to keep track of whether these links have been followed. We use this information to improve the quality of our technology, customized content and advertising.

Other sites – This Privacy Policy applies to LeakTronics services only. We do not exercise control over the sites displayed as search results, sites that include LeakTronics applications, products or services, or links from within our various services. These other sites may place their own cookies or other files on your computer, collect data or solicit personal and/or confidential information from you.

LeakTronics only processes personal and/or confidential information for the purposes described in this Privacy Policy and/or the supplementary privacy notices for specific services. In addition to the above, such purposes include:

Providing our services, including the display of customized content and advertising;

Auditing, research and analysis in order to maintain, protect and improve our services;

Ensuring the technical functioning of our network;

Protecting the rights or property of LeakTronics or our users; and

Developing new services.

You can find more information about how we process personal and/or confidential information by referring to the supplementary privacy notices for particular services as they are made available.

LeakTronics processes personal and confidential information on our servers in the United States of America and possibly other countries. In some cases, we may process personal and/or confidential information on a server outside your own country. We may process personal and/or confidential information to provide our own services. In some cases, we may process personal and/or confidential information on behalf of and according to the instructions of a third party, such as our advertising partners.

Choices for personal information

When you sign up for a particular service that requires registration, we ask you to provide personal information. If we use this information in a manner different than the purpose for which it was collected, then we will ask for your consent prior to such use.

If we propose to use personal and/or confidential information for any purposes other than those described in this Privacy Policy and/or in the specific service privacy notices, we will offer you an effective way to opt out of the use of personal and/or confidential information for those other purposes. We will not collect or use sensitive information for purposes other than those described in this Privacy Policy and/or in the supplementary service privacy notices, unless we have obtained your prior consent.

Most browsers are initially set up to accept cookies, but you can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some LeakTronics features and services may not function properly if your cookies are disabled.

You can decline to submit personal and/or confidential information to any of our services, in which case LeakTronics may not be able to provide those services to you.

Information sharing

LeakTronics only shares personal and/or confidential information with other companies or individuals outside of LeakTronics in the following limited circumstances:

We have your consent. We require opt-in consent for the sharing of any sensitive personal and/or confidential information.

We provide such information to our subsidiaries, affiliated companies or other trusted businesses or persons for the purpose of processing personal and/or confidential information on our behalf. We require that these parties agree to process such information based on our instructions and in compliance with this Privacy Policy and any other appropriate confidentiality and security measures.

We have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce applicable Terms of Service, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, or (d) protect against harm to the rights, property or safety of LeakTronics, its users or the public as required or permitted by law.

If LeakTronics becomes involved in a merger, acquisition, or any form of sale of some or all of its assets, we will ensure the confidentiality of any personal and/or confidential information involved in such transactions and provide notice before personal and/or confidential information is transferred and becomes subject to a different privacy policy.

Please contact us through the LeakTronics website for any additional questions about the management or use of personal data.

Information security

We take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data. These include internal reviews of our data collection, storage and processing practices and security measures, as well as physical security measures to guard against unauthorized access to systems where we store personal data.

We restrict access to personal and/or confidential information to LeakTronics employees, contractors and agents who need to know that information in order to operate, develop or improve our services. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations.

Data integrity

LeakTronics processes personal and/or confidential information only for the purposes for which it was collected and in accordance with this Privacy Policy or any applicable service-specific privacy notice. We review our data collection, storage and processing practices to ensure that we only collect, store and process the personal and/or confidential information needed to provide or improve our services or as otherwise permitted under this Policy. We take reasonable steps to ensure that the personal and/or confidential information we process is accurate, complete, and current, but we depend on our users to update or correct their personal and/or confidential information whenever necessary.

Accessing and updating personal information

When you use LeakTronics services, we make good faith efforts to provide you with access to your personal information and either to correct this data if it is inaccurate or to delete such data at your request if it is not otherwise required to be retained by law or for legitimate business purposes. We ask individual users to identify themselves and the information requested to be accessed, corrected or removed before processing such requests, and we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others, or would be extremely impractical (for instance, requests concerning information residing on backup tapes), or for which access is not otherwise required. In any case where we provide information access and correction, we perform this service free of charge, except if doing so would require a disproportionate effort. Some of our services have different procedures to access, correct or delete users’ personal information. We provide the details for these procedures in the specific privacy notices or FAQs for these services.

Enforcement

LeakTronics regularly reviews its compliance with this Privacy Policy. Please feel free to direct any questions or concerns regarding this Privacy Policy or LeakTronics treatment of personal and/or confidential information by contacting us through the LeakTronics website.

When we receive formal written complaints at this address, it is LeakTronics policy to contact the complaining user regarding his or her concerns. We will cooperate with the appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding the transfer of personal data that cannot be resolved between LeakTronics and an individual.

Changes to this Privacy Policy

Please note that this Privacy Policy may change from time to time. We will not reduce your rights under this Privacy Policy without your explicit consent, and we expect most such changes will be minor. Regardless, we will post any Privacy Policy changes on this page and, if the changes are significant, we will provide a more prominent notice (including, for certain services, email notification of Privacy Policy changes). If you have any questions about this Privacy Policy, please feel free to contact us through our website or call us at (818) 436-2953.