Leak Logic Service Agreement
Anderson Manufacturing Company, Inc. 2885 Country Drive #190, St. Paul, MN 55117 (“Anderson
" or "We
") provides the Leak Logic pool leak job data collection service (collectively the “Leak Logic Service
"), as well as app technology and other installable software (“Leak Logic Software
"), to you, our customer, and to all other persons authorized by you to use, install or access the Leak Logic Service and Leak Logic Software on your behalf (collectively “you
"), subject to your compliance with all terms, conditions and notices contained or referenced in this document (the “Terms
Please read these Terms carefully. By using the Leak Logic Service and Leak Logic Software, you are stating that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you are not permitted to use the Leak Logic Service or install Leak Logic Software.
Ownership and Responsibility
(a) Anderson solely owns, or licenses from third parties (as the case may be), all intellectual property and other rights, howsoever arising in and to the Leak Logic Service and Leak Logic Software, and reserves all rights therein not expressly and explicitly granted under these Terms. If new features, improvements or derivative works of the Leak Logic Service or Leak logic Software are prepared by or on behalf of Anderson based on suggestions or requests by you, Anderson will solely own such modifications.
(b) Anderson does not claim ownership of any information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials you create, submit or make available (your “App Data
") for inclusion on or through the Leak Logic Service or Leak Logic Software. As between Anderson and you, you own all rights to your App Data. You agree that you are solely responsible for all of your App Data.
No Resale of the Leak Logic Service or Leak Logic Software
You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes any portion (except for your App Data, to which Anderson agrees you retain all rights), use of, or access to the Leak Logic Service or Leak Logic Software.
Fees and Billing
(a) Subscription and Service Fees. Contractor subscription services are provided at the rates and terms set forth in the Billing area of the Leak Logic product page.
(b) User License Fees. Each Contractor subscription includes one field data collection “user” that is registered on the Leak Logic Service or Leak Software. Additional users can be added under a contractor subscription account. Each additional user is subject to a recurring user license fee. Additional user license fees are charged at the rates shown in the Billing area of the Anderson website.
(c) Invoicing and Automatic Renewal. All Leak Logic subscriptions, user licenses and services shall automatically renew on the first day of each billing period (monthly or annually, as applicable) until cancelled by you. You may, at any time, cancel individual services, licenses and subscriptions through the options provided in our Billing area or by emailing our support team. You accept that pre-paid fees are non-refundable and that any outstanding invoices issued by Anderson prior to receipt of your notice of cancellation must still be paid in full. You will remove applicable Leak Logic Software if previously received under the terminated service, subscription or licenses to ensure compliance with these Terms.
(d) Value Added Tax, Sales Tax and Other Amounts. Unless otherwise expressly stated, all fees are exclusive of local value added tax, sales tax, other taxes, duties and charges imposed or levied in connection with these Terms (“Taxes
"). Anderson will add any such applicable Taxes to your invoices as required by prevailing legislation. Without limiting the foregoing, you will be liable for any new Taxes imposed or levied in any relevant jurisdiction subsequent to commencing your Leak Logic Service account.
(e) Fee Review. Anderson may periodically review fees, at which point Anderson may increase or amend any such fee. Such reviews will occur no more than once within a continuous 12 month period. Where there is any net increase in the fees payable, Appenate shall give no less than 30 days written notice to you of such increase.
Payment of Leak Logic Fees
The default option for paying your Leak Logic fees is by credit card. When paying by credit card, you warrant that the credit card information you provide is correct and you shall promptly update your credit card information if this changes. If you cannot pay by credit card, contact our support team to request special dispensation to pay your fees by electronic funds transfer (EFT) or international money transfer (IMT). You agree that if your payment is not received by the invoice due date, for any reason, Anderson may suspend or cancel your Leak Logic subscription.
Making Changes to Your Account
If you choose to downgrade, upgrade or otherwise change your Leak Logic users, services or subscriptions, this may cause the loss of features or capacity on your account. To the extent permitted by applicable law, Anderson does not accept any liability for such losses. Changes you make will usually only take effect from your next billing date.
Unless expressly permitted under these Terms, you must not (as applicable):
(a) Use the Leak Logic Service or Leak Logic Software in any way that could damage Anderson’s reputation, or the goodwill or other rights associated with the Leak Logic Service or Leak Logic Software;
(b) Permit any third party to access, install or use the Leak Logic Service or Leak Logic Software other than in accordance with these Terms;
(d) Reproduce, make error corrections to, modify, decompile, disassemble or otherwise reverse engineer the Leak Logic Service or Leak logic Software, or permit or facilitate any third party to do so;
(e) Copy Leak Logic Software, except such copies as necessary for reasonable and customary back-up and disaster recovery purposes.
(f) When accessing, installing and using the Leak Logic Service and Leak Logic Software:
(i) Attempt to undermine the security or integrity of Anderson computing systems or networks or, where the Leak Logic Service or Leak Logic Software is hosted or operated by a third party, the third party’s computing systems and networks;
(ii) Use, or misuse, the Leak Logic Service or Leak Logic Software in any way which may impair its functionality, or the functionality of any other system used to deliver the Leak Logic Service or Leak Logic Software, or impair the ability of any third party to lawfully use the Leak Logic Service or Leak Logic Software;
(iii) Attempt to gain unauthorized access to any materials other than those to which you have been given express permission to access or to the computer systems on which the Leak Logic Service or Leak Logic Software is hosted or stored;
(iv) Transmit, or input into the Leak Logic Service or Leak Logic Software any information, data, files or other material that may damage any other person’s computing devices or software, or which is in violation of any law or regulation (including material protected by copyright or trade secrets which are not granted rights of use);
(v) Use the Leak Logic Service or Leak Logic Software in connection with unsolicited emails, or to deceptively or without proper authority obtain payment or sensitive information (including, but not limited to, credit card details, social security numbers, user login credentials) from other persons.
(vi) Remove or modify any program markings or any notice of proprietary rights, including those of any third party, other than those that are permitted and able to be changed or altered as part of any branding services permitted under these Terms.
We maintain appropriate technical and operational measures, internal controls, and data security routines intended to protect your data against accidental loss or change, unauthorized disclosure or access, or unlawful destruction. We are not responsible for the security of any data stored on any mobile device owned or controlled by you, your customers or any other Service users.
Privacy and Data Processing
Anderson respects the intellectual property rights of others. Accordingly, Anderson has a policy of disabling access to any Leak Logic customer that violates copyright law, suspending access to the Leak Logic Service or Leak Logic Software to any user who uses the Leak Logic Service or Leak Logic Software in violation of copyright law, and/or terminating in appropriate circumstances the account of any user or customer who uses the Leak Logic Service or Leak Logic Software in violation of copyright law.
The phrase “Leak Logic” and the Leak Logic logo are registered trademarks of Anderson Manufacturing Co., Inc. You are not authorized to use any such trademarks unless you have explicit written permission from us. Ownership of all such trademarks and the goodwill associated therewith remains with Anderson. As a subscriber of the Leak Logic service you are permitted to use the Leak Logic name and Leak Logic logos in your marketing materials as a means of indicating your use of the service. The Leak Logic logo is to be visible at the bottom of each page of a Leak Job PDF Report.
You agree that Anderson may terminate your Leak Logic Service membership or suspend your access to all or part of the Leak Logic Service or Leak Logic Software, without notice, if Anderson determines, in its sole and absolute discretion, that you have violated these Terms. Further, you agree that Anderson shall not be liable to you or any third party for removing your apps or suspending or terminating your access to the Leak Logic Service or Leak Logic Software. You may discontinue your participation in and access to the Leak Logic Service at any time, in which case any pre-paid payments are non-refundable and any pending payments must be settled with us.
Modifications To These Terms
Anderson may, in its sole and absolute discretion, change these Terms from time to time. Anderson will post notice of such to the email address associated with your account. If you object to any such changes, your sole recourse shall be to cease using the Leak Logic Service and Leak Logic Software. Continued use of the Leak Logic Service or Leak Logic Software following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
Modifications to the Leak Logic Service and Leak Logic Software
Anderson reserves the right to modify or discontinue the Leak Logic Service or Leak Logic Software with or without notice to you. Anderson shall not be liable to you or any third party should Anderson exercise its right to modify or discontinue the Leak Logic Service or Leak Logic Software.
By giving your email address to Anderson, you agree to receive administrative, announcements, newsletters, sales, and marketing emails from Anderson. You can opt-out from these emails by clicking on the “unsubscribe” link at the end of the emails.
Links, Content, and Resources
Anderson’s provision of a link to Leak Logic resources and/or any other website or internet resource is for your convenience only and does not signify Anderson endorsement of such other web site or resource or its contents. Anderson shall have no responsibility or liability for any information, software, or materials found at any other website or internet resource.
Delivery of Emails, Notifications and Other Messages
Anderson goes to great lengths to ensure successful delivery of emails, push notifications and other messages generated on or by the Leak Logic Service, however we do not guarantee successful delivery of these. You agree that Anderson cannot be held responsible for any consequences of such delivery failure. This is because delivery is not solely controlled by Anderson and is subject to a number of points of failure which can prevent delivery.
You agree that access to the Leak Logic Service is reliant upon various factors outside of Anderson’s control, including, without limitation, your internet service provider, global telecommunications links, our hosting and other service providers, and other factors which may impact upon the availability of the Leak Logic Service. While we will use all reasonable resources and actions to ensure that you have continuous access to the Leak Logic Service, we will not be liable to you or any other person for any loss or damage caused by unavailability of the Leak Logic Service.
Subject to your purchase of applicable subscription(s), Anderson shall provide branding services including creation of private label branded versions of the Leak Logic leak job PDF report. In providing this branding information, you verify that your nominated brand names, logos and all other such content does not infringe on any local, national or international trademarks or other applicable copyrights.
Disclaimer of Warranties
You understand and expressly agree that use of the Leak Logic Service and Leak Logic Software is at your sole risk. The Leak Logic Service and Leak Logic Software is provided on an “as is” and “as available” basis. Anderson expressly disclaims all warranties of any kind, whether express or implied, with respect to the Leak Logic Service and Leak Logic Software (including, but not limited to, the implied warranties of merchantability, fitness for a particular use or purpose, and non-infringement). Anderson makes no warranty that the Leak Logic Service or Leak Logic Software will meet your requirements, or that the Leak Logic Service or Leak Logic Software will be uninterrupted, timely, secure, or error-free. You understand and agree that any material and/or information downloaded or otherwise obtained through the use of Leak Logic is done at your own discretion and risk and that you will be solely responsible for any damage or consequential losses arising therefrom. No advice or information, whether oral or written, obtained by you from Anderson or through the Leak Logic Service or Leak Logic Software shall create any warranty not expressly made herein.
Limitation of Liability
You understand and expressly agree that, to the extent permitted under applicable law, in no event will Anderson or its officers, employees, directors, shareholders, parents, subsidiaries, affiliates, agents, or licensors be liable under any theory of liability (whether in contract, tort, statutory, or otherwise) for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of revenues, profits, goodwill, use, data, or other intangible losses (even if such parties were advised of, knew of, or should have known of the possibility of such damages), resulting from your (or anyone using your account’s) use of the Leak Logic Service or Leak Logic Software.
Resolution by Arbitration
This agreement requires the use of arbitration on an individual basis to resolve disputes, rather than injunctive legal actions, jury trials or class actions, and also limits the remedies available to you in the event of a dispute.
Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations and disclaimers in these Terms may not apply to you. To the extent that Anderson may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Anderson liability shall be the minimum permitted under such applicable law. Unless expressly provided otherwise, the limitation of liability shall not exceed the amount of the fees paid by you to use for the provision of the Leak Logic Service and Leak Logic Software.
You agree to indemnify, defend, and hold harmless Anderson, its parents, subsidiaries, affiliates, officers, directors, employees, consultants, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys. fees) that such parties may incur as a result of or arising from (a) any information (including, without limitation, your Submissions or any other content) you (or anyone using your account) submits, posts, or transmits through the Leak Logic Service or Leak Logic Software, (b) your (or anyone using your account’s) use of the Leak Logic Service or Leak Logic Software, (c) your (or anyone using your account’s) violation of these Terms, and (d) your (or anyone using your account’s) violation of any rights of any other person or entity.
These Terms constitute the entire and exclusive and final statement of the agreement between you and Anderson with respect to the subject matter hereof and supersede any prior agreements or negotiations between you and Anderson with respect to the subject matter hereof. These Terms and the relationship between you and Anderson shall be governed by the laws of the State of Minnesota, USA as applied to agreements made, entered into, and performed entirely in the United States of America by US residents, notwithstanding your actual place of residence. All lawsuits arising from or relating to these Terms or your use of the Leak Logic Service and Leak Logic Software shall be brought in the Federal or State courts located in Minnesota and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. The failure of Anderson to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of Anderson and you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. 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 the Leak Logic Service and Leak Logic Software or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms are for convenience only and have no legal or contractual effect. All terms, as well as any limitations on liability explicitly set forth herein, shall remain in full force and effect notwithstanding any termination of your use of the Leak Logic Service and Leak Logic Software.