Terms of Use | Privacy Policy | Cookies Policy

TERMS OF USE AGREEMENT

This Terms of Use Agreement (“Agreement”) constitutes a legally binding agreement made between you, whether personally or on behalf of an entity (“user” or “you”) and the leafBuilder.net blog (collectively, “company” or “owner[s]” or “we” or “us” or “our[s]” or “representative[s]” or “he” or “she” or “blog”), concerning your access to and use of www. leafbuilder.net, or leafBuilder app, as well as any other media form, media channel, mobile blog or mobile application related or connected thereto (collectively, the “A products”). Our leafBuilder blog and its informational concepts hereto referred as (the “services”).

“Supplemental terms and conditions or documents that may be posted on the blog from time to time, are hereby expressly incorporated into this Agreement by reference.

Availability Blog

As it is the owner’s intentions to make this blog available across the globe, he or she make no representation that the blog is appropriate or available in other locations other than where it is operated by the owners. The information provided on the blog is not intended for distribution to or use by any person or entity in any jurisdiction or state where such distribution or use would be contrary to law or regulation or which would subject owners to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the blog from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

All users who are minors in the jurisdiction in which they reside (generally under the age of 18) are not permitted to register for the leafBuilder blog or use its services.

YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT BY ACKNOWLEDGING SUCH ACCEPTANCE DURING THE REGISTRATION PROCESS (IF APPLICABLE) AND ALSO BY CONTINUING TO USE THE BLOG. IF YOU DO NOT AGREE TO ABIDE BY THIS AGREEMENT, OR TO MODIFICATIONS THAT COMPANY MAY MAKE TO THIS AGREEMENT IN THE FUTURE, DO NOT USE OR ACCESS OR CONTINUE TO USE OR ACCESS THE COMPANY SERVICES OR THE BLOG.

MOBILE APPLICATION LICENSE

User’s License

If you are accessing our blog via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to access the blog on wireless handsets owned and controlled by you, and to access and use the blog on such devices strictly in accordance with the terms and conditions of this license. You shall use the blog strictly in accordance with the terms of this license and shall not: (a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the blog; (b) make any modification, adaptation, improvement, enhancement, translation or derivative work from the blog; (c) violate any applicable laws, rules or regulations in connection with your access or use of the blog; (d) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of owners, or its affiliates, partners, suppliers or the licensors of the application; (e) use the blog for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (f) make the blog available over a network or other environment permitting access or use by multiple devices or users at the same time; (g) use the application for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for the blog; (h) use the blog to send automated queries to any blog or to send any unsolicited commercial e-mail; or (i) use any proprietary information or interfaces of ours, or other intellectual property of owners in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the blog.

Terms Applicable to Apple and Android Devices

The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play to access our Services. You acknowledge that this Agreement is concluded between you and us only, and not with Apple Inc. or Google, Inc. (each an “App Distributor”), and owners, not an app distributor, is solely responsible for the owners’ application and the content thereof. (1) SCOPE OF LICENSE: The license granted to you for our application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating system, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor terms of service. (2) MAINTENANCE AND SUPPORT: We are solely responsible for providing any maintenance and support services with respect to the owners’ application, as specified in this Agreement, or as required under applicable law. You acknowledge that each app dstributor has no obligation whatsoever to furnish any maintenance and support services with respect to the owners’ application. (3) WARRANTY: Owners are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the owners’ application to conform to any applicable warranty, you may notify an app distributor, and the app distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the owners’ application, and to the maximum extent permitted by applicable law, an app distributor will have no other warranty obligation whatsoever with respect to the owners’ application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be owners’ sole responsibility. (4) PRODUCT CLAIMS: You acknowledge that we, not an app distributor, is responsible for addressing any claims of yours or any third party relating to the owners’ application or your possession and/or use of the owners’ application, including, but not limited to: (i) product liability claims; (ii) any claim that the owners’ application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. (5) INTELLECTUAL PROPERTY RIGHTS: You acknowledge that, in the event of any third party claim that the owners’ application, or your possession and use of the owners’ application infringes a third party’s intellectual property rights, the app distributor will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. (6) LEGAL COMPLIANCE: You represent and warrant that (i) you are not located in a country that is subject to a Canadian government embargo, or that has been designated by the Canadian government as a “terrorist supporting” country; and (ii) you are not listed on any Canadian government list of prohibited or restricted parties. (7) THIRD PARTY TERMS OF AGREEMENT: You must comply with applicable third-party terms of agreement when using the owners’ application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the owners’ application. (8) THIRD PARTY BENEFICIARY: owners’ and you acknowledge and agree that the app distributors, and their subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, each app distributor will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.

SOCIAL MEDIA

As part of the functionality of the blog, you may link your account with online accounts you may have with third-party service providers (each such account, a “third-party account”) by either: (i) providing your third-party account login information through the blog; or (ii) allowing owners’ to access your third-party account, as is permitted under the applicable terms and conditions that govern your use of each third-party account. You represent that you are entitled to disclose your third-party account login information to owners and/or grant owners access to your third-party account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable third-party account and without obligating owners to pay any fees, or making owners subject to any usage limitations imposed by such third-party service providers. By granting owners access to any third-party accounts, you understand that (i) owners may access, make available and store (if applicable) any content that you have provided to and stored in your third-party account (the “social network content”) so that it is available on and through the blog via your account, including without limitation any friend lists, and (ii) owners may submit and receive additional information to your third-party account to the extent you are notified when you link your account with the third-party Account. Depending on the third-party accounts you choose and subject to the privacy settings that you have set in such third-party accounts, personally identifiable information that you post to your third-party accounts may be available on and through your account on the blog. Please note that if a third-party account or associated service becomes unavailable or owners’ access to such third-party account is terminated by the third-party service provider, then social network content may no longer be available on and through the blog. You will have the ability to disable the connection between your account on the Blog and your third-party accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. owners make no effort to review any social network content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and owners are not responsible for any social network content. You acknowledge and agree that owners may access your e-mail address book associated with a third-party account and your contacts list stored on your mobile device or tablet computer solely for the purposes of identifying and informing you of those contacts who have also registered to use the blog. At your request made via email to our email address listed below, or through your account settings (if applicable), owners will deactivate the connection between the blog and your third-party account and delete any information stored on owners’ servers that was obtained through such third-party account, except the username and profile picture that become associated with your account.

SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the blog or the owners’ services (“submissions”) provided by you to owners are non-confidential and owners (as well as any representative[s] of owners) shall be entitled to the unrestricted use and dissemination of these submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

PROHIBITED ACTIVITIES

You may not access or use our app or blog for any other purpose other than that for which owners makes it available. The blog may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by owners. Prohibited activity includes, but is not limited to:

A.　attempting to bypass any measures of the Blog designed to prevent or restrict access to the blog, or any portion of the blog.
B.　attempting to impersonate another user, or person, or using the username of another user.
C.　criminal or tortious activity.
D.　deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of the blog.
E.　deleting the copyright or other proprietary rights notice from any blog content.
F.　engaging in any automated use of the system, such as using any data mining, robots or similar data gathering and extraction tools.
G. except as may be the result of standard search engine or Internet browser usage, using or launching, developing or distributing any automated system, including, without limitation, any spider, robot (or “bot”), cheat utility, scraper or offline reader that accesses the blog, or using or launching any unauthorized script or other software.
H.　harassing, annoying, intimidating or threatening any owners’ employees or agents engaged in providing any portion of the owners’ services to you.
I.　interfering with, disrupting, or creating an undue burden on the blog or the networks or services connected to the blog.
J.　making any unauthorized use of the owners’ services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
K.　selling or otherwise transferring your profile.
L.　systematic retrieval of data or other content from the blog to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from owners.
M.　tricking, defrauding or misleading owners and other users, especially in any attempt to learn sensitive account information such as passwords.
N.　using any information obtained from the blog in order to harass, abuse, or harm another person.
O.　using the owners’ services as part of any effort to compete with owners or to provide services as a service bureau.
P.　using the blog in a manner inconsistent with any and all applicable laws and regulations.

INTELLECTUAL PROPERTY RIGHTS

The content on the blog (“owners’ content”) and the trademarks, service marks and logos contained therein (“marks”) are owned by or licensed to owners, and are subject to copyright and other intellectual property rights under Ireland and foreign laws and international conventions. owners’ content, includes, without limitation, all source code, databases, functionality, software, blog designs, audio, video, text, photographs and graphics. All owners’ graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, common law trademarks or trade dress of owners in the Ireland and/or other countries. Owners’ trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the owners.

Owners’ content on the blog is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, aggregated, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Provided that you are eligible to use the blog, you are granted a limited license to access and use the blog and the owners’ content, and to download or print a copy of any portion of the owners’ content to which you have properly gained access solely for your personal, non-commercial use. Owners reserves all rights not expressly granted to you in and to the blog and owners’ content and marks. All content [i.e., images, illustrations, videos, etc.] not belonging to the owners of this website is content owned by their respective owners, and the courtesies of this clause shall be extended to such owners with the same force and understanding.

THIRD PARTY BLOGS AND CONTENT

The blog contains (or you may be sent through the blog or the owners’ services) links to other blogs (“third-party blogs”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third-parties (the “third-party content”). Such third-party blogs and third-party content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any third-party blogs accessed through the blog or any third-party content posted on, available through or installed from the blog, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the third-party blogs or the third-party content. Inclusion of, linking to or permitting the use or installation of any third-party blog or any third-party content does not imply approval or endorsement thereof by us. If you decide to leave the blog and access the third-party blogs or to use or install any third-party content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any blog to which you navigate from the blog or relating to any applications you use or install from the blog. Any purchases you make through third-party blogs will be through other blogs and from other companies, and owners takes no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third-party.

SITE MANAGEMENT

Owners reserves the right but does not have the obligation to:

A.　monitor the blog for violations of this agreement;
B.　take appropriate legal action against anyone who, in owners’ sole discretion, violates this agreement, including without limitation, reporting such user to law enforcement authorities;
C.　in owners’ sole discretion and without limitation, refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any user’s contribution or any portion thereof that may violate this agreement or applicable policies hereto;
D.　in Owners sole discretion, and without limitation, notice or liability to remove from the blog or otherwise disable all files and content that are excessive in size or are in any way burdensome to owners’ systems;
E.　otherwise manage the blog in a manner designed to protect the rights and property of owners and others and to facilitate the proper functioning of the blog.

PRIVACY POLICY

WE CARE ABOUT THE PRIVACY OF OUR USERS: By using this blog and its services, you are consenting to have your personal data [including your email address] transferred to and processed in the United States. Furthermore, you are consenting to our uninhibited use to send you notices applicable to any services this blog provides your person, [including any notices required by law] in lieu of receiving postal mail. There also may be times in that this blog requires routine maintenance, and as a result, you consent to your email address being parsed and/or used in a manner that facilitates such services, by either the owners, and/or any third parties authorized to carry out the kinds of work prescribed. You agree, that we can use your personal information to the extent permitted by law.

TERM AND TERMINATION

This Agreement shall remain in full force and effect while you use the blog or are otherwise a user or member of the blog, as applicable. You may terminate your use or participation at any time, for any reason.

WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, OWNERS RESERVES THE RIGHT TO, IN OWNERS’ SOLE DISCRETION, AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE BLOG AND ITS SERVICES, TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION, AND OWNERS MAY TERMINATE YOUR USE OR PARTICIPATION IN THE BLOG AND ITS SERVICES, DELETE YOUR PROFILE AND ANY CONTENT OR INFORMATION THAT YOU HAVE POSTED AT ANY TIME, WITHOUT WARNING AT OWNERS’ SOLE DISCRETION.

In order to protect the integrity of the blog and its services, owners reserve the right at any time, at their sole discretion, to block certain IP addresses from accessing the blog and any services it provides.

Any provisions of this agreement, that in order to fulfill the purposes of such provisions, need to survive the termination or expiration of this agreement, shall be deemed to survive for as long as necessary to fulfill such purposes.

YOU UNDERSTAND THAT CERTAIN STATES ALLOW YOU TO CANCEL THIS AGREEMENT WITHOUT ANY PENALTY OR OBLIGATION, AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY FOLLOWING THE DATE OF THIS AGREEMENT, EXCLUDING SUNDAYS AND HOLIDAYS. TO CANCEL, EMAIL OWNER[S] USING THE EMAIL ADDRESS PROVIDED AT THE BOTTOM OF THIS AGREEMENT, OR BY ACCESSING YOUR ACCOUNT SETTINGS SHOULD THERE BE ANY. THIS SECTION APPLIES ONLY TO INDIVIDUALS RESIDING IN STATES WITH SUCH LAWS.

If owners terminate or suspends your account for any reason, you are prohibited from registering and creating a new account under your name, a fake, or borrowed name; or the name of any third-party, even if you may be acting on behalf of the third-party. In addition to terminating or suspending your account, owners reserves the right to take appropriate legal action, including without limitation, pursuing civil, criminal, and injunctive redress.

COOKIES POLICY

Cookies are small text files that we store in the browser of the user of our blog when the user visits our blog. We use cookies to store users’ preferences so that the web server does not have to make repeated requests every time users visit our blog. Cookies are commonly used to store users’ information (which may be personal or other type of information) such as the users’ name, username, address, password, email address, the contents of a shopping cart, etc. This helps our blog provide a personalized user experience for users. The different types of cookies used by our blog may be either/or: technical cookies, profiling cookies, third-party cookies or analytical cookies.

MODIFICATIONS

To Agreement

Owners may modify this agreement from time to time. Any and all changes to this agreement will be posted on the blog and revisions will be indicated by date. You agree to be bound to any changes to this agreement when you use the blog’s services, after any such modification becomes effective. Owners may also, at their sole discretion, choose to alert all users with whom it maintains email information of such modifications by means of an email to their most recently provided email address. It is therefore important that you regularly review this agreement and keep your contact information current in your account settings to ensure you are informed of changes. You agree that you will periodically check the blog for updates to this agreement and you will read the messages we send you to inform you of any changes. Modifications to this agreement shall be effective after posting.

To Services

Owners reserves the right at any time to modify, or discontinue, temporarily or permanently, the blog’s services (or any part thereof) with or without notice. You agree that owners shall not be liable to you or to any third-party for any modification, suspension or discontinuance of the blog’s services.

DISPUTES

Between Users

If there is a dispute between users of the blog, or between users and any third-party, you understand and agree that owners are under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release owners, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way related to such disputes and/or the blog’s services.

With Company

A. Governing Law; Jurisdiction. This agreement and all aspects of the blog, and/or any services connected, shall be governed by and construed in accordance with the internal laws of Texas, United States, without regard to conflict of law provisions. With respect to any disputes or claims not subject to informal dispute resolution or arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts located in Ontario, Canada, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non convenient with respect to, venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods is excluded from this agreement. Additionally, application of the Uniform Computer Information Transaction Act (UCITA) is excluded from this agreement. In no event shall any claim, action or proceeding by you related in any way to the blog, or any connected services provided, be instituted more than two (2) years after the cause of action arose.

B. Informal Resolution. To expedite resolution and control the cost of any dispute, controversy or claim related to this agreement (“dispute”), you and owners agree to first attempt to negotiate any dispute (except those disputes expressly provided below) informally for at least 30 days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other.

C. Binding Arbitration. If you and owners are unable to resolve a dispute through informal negotiations, either you or owners may elect to have the dispute (except those disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. All arbitration in this agreement, whether domestic or international, will be governed by the Arbitration Act 2010.

D. Restrictions. You and owners agree that any arbitration shall be limited to the dispute between owners and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

E. Exceptions to Informal Negotiations and Arbitration. You and owners agree that the following disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any disputes seeking to enforce or protect, or concerning the validity of any of your or owners’ intellectual property rights; (2) any dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief. If this section is found to be illegal or unenforceable then neither you nor owners will elect to arbitrate any dispute falling within that portion of this section found to be illegal or unenforceable and such dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and you and owners agree to submit to the personal jurisdiction of that court.

CORRECTIONS

Occasionally there may be information on the blog that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, availability, and various other information. Owners reserves the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, without prior notice.

DISCLAIMERS

Owners cannot control the nature of all of the content available on the blog. By operating the blog, owners do not represent or imply that they endorse any blogs, contributions, competition or other content available on or linked to by the blog; including without limitation, content hosted on third-party blogs, or provided by third-party applications, or that owners believe contributions, blogs or other content to be accurate, useful or non-harmful. We do not control, and are not responsible for unlawful or otherwise objectionable content, loss, damages or injury you may encounter as a result of using our app or blog, and in connection with any contributions. The owners are not responsible for the conduct, whether online or offline, of any user of the blog, or any connected services provided.

YOU AGREE THAT YOUR USE OF THE BLOG AND ANY SERVICES THERETO, WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, OWNERS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE BLOG AND ITS SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION; THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. OWNERS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE BLOG’S CONTENT OR THE CONTENT OF ANY BLOGS LINKED TO THIS BLOG, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR BLOG, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS, OR CONTRACTED SERVERS, AND/OR ANY AND ALL PERSONAL INFORMATION, AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE BLOG OR SERVICES PROVIDED, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE BLOG BY ANY THIRD-PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE BLOG. OWNERS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY THROUGH THE BLOG OR ANY HYPERLINKED BLOG OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND OWNERS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

LIMITATIONS OF LIABILITY

IN NO EVENT SHALL OWNERS, OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA OR OTHER DAMAGES ARISING FROM YOUR USE OF THE BLOG OR ANY CONNECTED SERVICES PROVIDED, EVEN IF OWNERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OWNERS’ LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO OWNERS FOR ANY SERVICES PROVIDED, DURING THE PERIOD OF 30DAYS PRIOR TO ANY CAUSE OF ACTION ARISING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS

INDEMNITY

You agree to defend, indemnify and hold owners, any applicable subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from and against, any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third-party due to or arising out of your contributed content (if any), use of the blog’s services, and/or arising from a breach of this agreement, and/or any breach of your representations and warranties set forth above. Notwithstanding the foregoing, owners reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify owners, and you agree to cooperate, at your expense, with owners’ defense of such claims. Owners’ will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

NOTICES

Except as explicitly stated otherwise, any notices given to owners shall be given by email to the address listed in the contact information at the bottom of this agreement. Any notices given to you shall be given to the email address you provided during the registration process (if any), or such other address as each party may specify. Notice shall be deemed to be given twenty-four (24) hours after the email is sent, unless the sending party is notified that the email address is invalid. We may also choose to send notices by regular mail.

USER DATA

Our blog will maintain certain data that you transfer to the blog for the purpose of the performance of any services provided, as well as data relating to your use of such services. Although we perform regular routine backups of data, you are primarily responsible for all data that you have transferred or that relates to any activity you have undertaken using the blog’s services. You agree that owners shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against owners arising from any such loss or corruption of such data.

ELECTRONIC CONTRACTING

Your use of the blog’s services includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO RELATING TO THE BLOG’S SERVICES, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.

MISCELLANEOUS

This Agreement constitutes the entire agreement between you and the owners of this blog regarding use of any services and/or connected services provided thereto. The failure of owners to exercise or enforce any right or provision of this agreement shall not operate as a waiver of such right or provision. The section titles in this agreement are for convenience only and have no legal or contractual effect. This agreement operates to the fullest extent permissible by law. This agreement and your account may not be assigned by you without our express written consent. The owners may assign any or all of its rights and obligations to others at any time. The owners shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond the owner’s reasonable control. If any provision or part of a provision of this agreement is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from this agreement and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and owners as a result of this agreement or use of the blog and/or any services it provides. Upon owners’ request, you will furnish owners any documentation, substantiation or releases necessary to verify your compliance with this agreement. You agree that this agreement will not be construed against owners by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of this agreement and the lack of signing by the parties hereto to execute this agreement.

CONTACT US

In order to give feedback, regarding any services this blog provides, or to receive further information regarding use of such services, please contact owners as set forth below by providing us with the following details: a. Name b. Subject c. E-mail d. Message

1. Mail to: 7750 N. MacArthur Blvd., Ste. 120-103 Irving, TX. 75063-7501
2. Owners’ contact number: 214-476-1693
3. Email Address: leafbuilder@leafbuilder.net