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