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LEAF COMPUTER SERVICES, LLC
Use And Restrictions
You further agree not to use the Site: (1) In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any law regarding the export of data or software to and from the US or other countries); (2) For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise; (3) To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation; (4) To impersonate or attempt to impersonate us, an employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing); or (5) To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm Leaf or users of the Site or expose them to liability.
You additionally agree not to: (1) Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site; (2) Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site; (3) Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent; (4) Use any device, software or routine that interferes with the proper working of the Site; (5) Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; (6) Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site; (7) Attack the Site via a denial-of-service attack or a distributed denial-of-service attack; and (8) Otherwise attempt to interfere with the proper working of the Site.
YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OF AGE. This Site is not intended for use by minors.
license and account
Unless otherwise specified by Leaf in a separate license, your right to use any software, data, documentation or other materials that you access or download through the Site is subject to these Site Terms or, if you have a Leaf account, the Agreement.
If you use the Site, you are responsible for maintaining the confidentiality of your Leaf account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Leaf reserves the right to refuse service, terminate accounts, remove or edit content in its sole discretion.
You are responsible for the installation, operation, and maintenance of hardware or software not provided by Leaf, including ensuring the same is up to date. We are not responsible for the transmission or reception of information by such hardware or software.
you are solely responsible for the security and content of all of your data stored in our hosted environment and any data, applications or THIRD-PARTY services run in or through our services. Your Data is and at all times will remain your exclusive property. You will be responsible for all appropriate web security measures, backups, and HIPPA and HITECH compliant measures.
How We Treat Postings to This Site (Blog, Forum, or Chat Room)
We will not treat information that you post to areas of this Site that are viewable by others (for example, to a blog, forum or chatroom) as proprietary, private, or confidential. We have no obligation to monitor posts to this Site or to exercise any editorial control over such posts; however, we reserve the right to review such posts and to remove any material that, in our judgement, is not appropriate. Posting, transmitting, promoting, using, distributing or storing content that could subject us to any legal liability, whether in tort or otherwise, or that is in violation of any applicable law or regulation, or otherwise contract to commonly accepted community standards, is prohibited, including without limitation information and material protected by copyright, trademark, trade secret, nondisclosure, or confidentiality agreements, or other intellectual property rights, and material that violated export control Leaf.
We, in our sole discretion and without notice, reserve the right, but undertake no duty, to review, edit, remove, or delete any material submitted as a comment to blog, forum, or chat-room provided for display or placed on this Site. Specifically, we reserve the right to delete or decline to post content that contains profanity; sexual content; overly graphic, disturbing, or offensive material; vulgar or abusive language; hate speech, defamatory comments, or offensive language targeting any specific demographic; personal attacks of any kind; spam; and promotions for commercial products or services.
By submitting a comment for posting, you agree that we are not responsible, and will have no liability to you, with respect to any information or materials posted by others, including defamatory, offensive, or illicit material, even material that violated this Agreement.
Defamation; Communications Decency Act Notice
This Site is a provider of “interactive computer services” under the Communications Decency Act, 47 U.S.C. Section 230, and as such, our liability for defamation and other claims arising out of any postings to this Site by third parties is limited as described therein. We are not responsible for content or any other information posted to this Site by third parties. We neither warrant the accuracy of such postings or exercise any editorial control over such posts, nor do we assume any legal obligation for editorial control of content posted by third parties or liability in connection with such postings, including any responsibility or liability for investigation or verifying the accuracy of any content or any other information contained in such postings.
Monitoring AND TERMINATION
You may acquire products, services, and/or content from this Site. We reserve the right to require that you agree to separate terms as a condition of your use and/or purchase of such products, services and/or content. Purchases of products, services, and/or content from this Site are subject to third-party processing terms and separate licensing terms.
The material provided on this Site is protect by law, including, but not limited to, United States copyright law and international treatises. The copyrights and other intellectual property in the content of this Site are owned by us and/or others with permitted use by us. Except for the limited rights granted herein, all other rights are reserved to Leaf.
This Site is an Internet “service provider” under the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (DMCA). As required by the DMCA, this Site maintains specific contact information provided below, including an e-mail address, for notifications of claimed infringement regarding materials posted to this Site. All notices should be addressed to the contact person specified below (our agent for notice of claimed infringement).
Leaf Computer Services, LLC
503 Knight, St. A
Richland, WA 99352
Telephone: (971) 352-9794
You may contact our agent for notice of claimed infringement specified above with complaints regarding allegedly infringing posted material and we will investigate those complaints. If the posted material is believed in good faith by us to violate any applicable law, we will remove or disable the access to any such material, and we will notify the posting party that the material has been blocked or removed.
In notifying us of alleged copyright infringement, the DMCA requires that you include the following information: (1) Description of the copyrights work that is the subject of claimed infringement; (2) Description of the infringing material and information sufficient to permit us to locate the alleged material; (3) Contact information for you, including your address, telephone number and/or email address; (4) A statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (5) A statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (6) A physical or electronic signature of the copyright owner or a person authorized to act on the copy right owner’s behalf. Failure to include all of the above-listed information may result in the delay of the processing of your complaint.
Reliance on Information Posted
The information presented on or through the website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR ANY OTHER VISITOR TO THE WEBSITE, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS.
This website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
TYPOGRAPHICAL ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN AGREEMENTS SIGNED BY THE PARTIES, THE SERVICES, CONTENT, AND/OR PRODUCTS ON THIS SITE ARE PROVIDED “AS-IS,” AND NEITHER WE NOR ANY OF OUR LICENSORS MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO SUCH PRODUCTS, SERVICES, AND/OR CONTENT. EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN AGREEMENT SIGNED BY THE PARTIES OR SEPARATE AGREEMENT ORIGINATING FROM THIS SITE, THIS SITE AND ITS LICENSORS SPECIFICALLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THIS SITE OR PRODUCTS, SERVICES AND/OR CONTENT ACQUIRED FROM THIS SITE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, COMPLETENESS, TIMELINESS, CORRECTNESS, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. THIS SITE AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT THIS SITE, ITS PRODUCTS, SERVICES, AND/OR CONTENT: (A) WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; OR (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL MATERIALS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. THESE DISCLAIMERS CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT. NO PURCHASE OR USE OF THE ITEMS OFFERED BY THIS SITE IS AUTHORIZED HEREUNDER EXCEPT UNDER THESE DISCLAIMERS. IF IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW, THEN ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE PERIOD REQUIRED BY APPLICABLE LAW. SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAW, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
IN NO EVENT WILL THIS SITE AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SITE, ITS PRODUCTS, SERVICES, AND/OR CONTENT, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE, EVEN IF THIS SITE OR OUR LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE, CUMULATIVE LIABILITY TO YOU UNDER SHALL NOT EXCEED FEES ACTUALLY PAID BY YOU TO US FOR THE SERVICE FROM WHICH THE LIABILITY AROSE.
Links to This Site
We grant to you a limited, revocable, and nonexclusive right to create a hyperlink to this Site provided that the link does not portray us or our products or services in a false, misleading, derogatory, or offensive matter. You may not use any logo, trademark, or tradename that may be displayed on this Site or other proprietary graphic image in the link without our prior written consent.
Links to Third Party Sites
Participation in Promotions of Advertisers
You may enter into correspondence with or participate in promotions or advertisers promoting their products, services or content on this Site. Any such correspondence or participation, including the delivery of and the payment for products, services, or content, are solely between you and each such advertiser.
If you send or transmit any “Feedback” (defined below) to us, we are free to use such Feedback and you hereby assign to us, all right, title, and interest in, and we are free to use the Feedback, without any attribution or compensation to any party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever. However, we are not required to use any Feedback. “Feedback” means any communications or materials provided to us from you, whether by mail, email, telephone, or otherwise, suggesting or recommending changes to the products or services or otherwise, including without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like.
Consumer Rights Information; California Civil Code Section 1789.3
If this Site charges for services, products, content, or information, pricing information will be posted as part of the ordering process for this Site. We maintain specific contact information including an email address for notifications of complaints and for inquiries regarding pricing policies in accordance with California Civil Code Section 1789.3. All correspondence should be addressed to our agent for notice at the following address:
Leaf Computer Services, LLC
503 Knight, St. A
Richland, WA 99352
Telephone: (971) 352-9794
You may contact us with complaints and inquiries regarding pricing and we will investigate those matters and respond to the inquiries.
The Washington State Consumer Protection Division may be contacted in writing at Attorney General’s Office, Consumer Resource Center, 800 Fifth Avenue, Suite 2000, Seattle, WA 98104 or by telephone at 206-464-6684.
Except for actions to protect intellectual property rights and to enforce an arbitrator’s decision hereunder, all disputes, controversies, or claims arising out of or relating to this Agreement or a breach thereof will be submitted to and finally resolved by arbitration under the rules of the American Arbitration Association (AAA) then in effect. There will be one arbitrator, and such arbitrator will be chosen by mutual agreement of the parties in accordance with AAA rules. Arbitration will take place in Richland, Washington, and may be conducted by telephone or online. The arbitrator will apply the laws of the State of Washington, USA to all issues in dispute. The controversy or claim will be arbitrated on an individual basis and will not be consolidated in any arbitration with any claim or controversy of any other party. The findings of the arbitrator will be final and binding on the parties and may be entered in any court of competent jurisdiction for enforcement. Enforcements of any award or judgment will be governed by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Should either party file an action contrary to this provision, the other party may recover attorney’s fees and costs up to $1,000.00.
Jurisdiction and Venue
This Agreement will be construed under law of the State of Washington, USA, excluding rules regarding conflicts of law. The Application of the United Nations Convention of Contracts for the International Sales of Goods is expressly excluded.
Onward Transfer of Personal Information Outside Your Country of Residence
Any personal information which we may collect on this Site will be stored and processed in our servers located only in the United States. If you reside outside the United States, you consent to the transfer of personal information outside your country of residence to the United States.
If any provisions of these Terms are declared invalid or unenforceable, such provision will be deemed modified to the extent necessary and possible to render it valid and enforceable. In any event, the unenforceability or invalidity of any provision will not affect any other provision of these Terms, and these Terms will continue in full force and effect, and be construed and enforced, as if such provision had not been included, or had modified as above provide, as the case may be.
We will not be liable for damage for any delay or failure of delivery arising out of causes beyond our reasonable control and without our fault or negligence including, but not limited to, Acts of God, acts of civil or military authority, fires, riots, wars, embargoes, internet disruptions, hacker attacks, or communications failures.
Headings and Overview
Material Modifications Since Publication
Capitalized terms used but not defined in this GDPR Addendum have the same meanings as set out in the Terms.
Applicability. This GDPR Addendum will apply only to the extent you are established within the EEA or Switzerland and/or to the extent We Process Personal Data of Data Subjects located in the EEA or Switzerland on behalf of you or a your Affiliate.
Types of Personal Data Processed. The categories of Personal Data are determined by the you in your sole discretion and may include but are not limited to: first and last name; employer; business role; professional title; contact information (e.g., email, phone, physical address); business network; business experience; business interests; localization data, and; device identification data.
Special Categories of Personal Data. Special categories of Personal Data, if any, are determined by you in your sole discretion and may include, but are not limited to, information revealing racial/ethnic origin, political, religious or philosophical beliefs, trade union membership or health data.
Categories of Data Subjects. The categories of Data Subjects whose Personal Data may be Processed in connection with the services are determined and controlled by you in your sole discretion and may include but are not limited to: customers and prospects; personal information from your customers; other information you process.
Nature of Processing Operations. We will Process Personal Data as necessary to perform the services pursuant to our Terms. The Processing operations performed on the Personal Data will depend on the scope of services and your configuration of its instance. Such Processing operations of Personal Data as necessary for us to provide the services may include the following: collecting, recording, organizing, storage, use, alteration, disclosure, transmission, combining, retrieval, consultation, archiving and/or destruction.
Parties’ Roles. You, as Controller, appoint us as a Processor to process the Personal Data. In some circumstances you may be a Processor, in which case you appoint us as your sub-processor, which will not change the obligations of either you or us under this GDPR Addendum, as We will remain a Processor with respect to the you in such event.
Purpose Limitation. We will Process Personal Data for the purposes set forth in our Terms and only in accordance with the lawful, documented instructions of Customer, except where otherwise required by applicable law. Our Terms and this GDPR Addendum set out your complete instructions to us in relation to the Processing of Personal Data and any Processing required outside of the scope of these instructions (inclusive of the rights and obligations set forth under our Terms) will require prior written agreement of the parties.
Training. We will ensure that its relevant employees, agents, and contractors receive appropriate training regarding their responsibilities and obligations with respect to the Processing, protection and confidentiality of Personal Data.
Compliance. We, as Processor, have complied and will continue to comply with all applicable privacy and data protection laws including, but not limited to, EU Data Protection Legislation. You, as Controller, will be responsible for ensuring that, in connection with you Data and the Subscription Services:
Security. We will implement appropriate technical and organizational measures taking into account the state of the art, the costs of implementation, and the nature, scope, context and purposes of Processing as well as the risk of varying likelihood and severity for the rights and freedoms of Data Subjects. Such measures will be designed to ensure a level of security appropriate to the risk in order to protect Personal Data from accidental or unlawful destruction, loss, alteration, unauthorized disclosure, access or use (each a “Security Incident”) and in accordance with our security standards as set forth in our Terms.
Confidentiality of Processing. We will ensure that any person that it authorizes to Process the Personal Data (including its staff, agents, subcontractors and Sub-processors) will be subject to a duty of confidentiality (whether a contractual or a statutory duty) that will survive the termination of their employment and/or contractual relationship.
Security Incidents. Upon becoming aware of a Security Incident, We will notify you without undue delay and pursuant to our Terms, but within no more than seventy two (72) hours, and will provide such timely information as you may reasonably require to enable you to fulfil any data breach reporting obligations under EU Data Protection Legislation. We will take steps to immediately identify and remediate the cause of such Security Incident.
Sub-processors. You agree that We may engage our Affiliates and third party sub processors (collectively, “Sub-processors”) to Process the Personal Data on our behalf. We will impose on such Sub-processors data protection terms that protect the Personal Data to the same standard provided for by this GDPR Addendum and will remain liable for any breach of the GDPR Addendum caused by a Sub-processor.
Changes to Sub-processors. We may, by giving no less than thirty (30) days’ notice to Customer, add or make changes to the Sub-processors.
Data Subjects’ Rights. We will provide commercially reasonable assistance, including by appropriate technical and organizational measures as reasonably practicable, to enable you to respond to any inquiry, communication or request from a Data Subject seeking to exercise his or her rights under EU Data Protection Legislation, including rights of access, correction, restriction, objection, erasure or data portability, as applicable. In the event such inquiry, communication or request is made directly to us, We will promptly inform you by providing the full details of the request for the avoidance of doubt, you are responsible for responding to Data Subject requests for access, correction, restriction, objection, erasure or data portability involving that Data Subject’s Personal Data.
Supervisory Authorities. We will notify you without undue delay if a Supervisory Authority or law enforcement authority makes any inquiry or request for disclosure regarding Personal Data.
Data Protection Impact Assessments and Prior Consultation. We will, to the extent required by EU Data Protection Legislation, provide you with reasonable assistance with data protection impact assessments and/or prior consultations with Supervisory Authorities that you are required to carry out under EU Data Protection Legislation.
Upon termination of our services or use of our Site, we will, in accordance with our Terms, delete or make available to you for retrieval all relevant Personal Data (including copies) in our possession, save to the extent that We are required by any applicable law to retain some or all of the Personal Data. In such event, We will extend the protections of our Terms and this GDPR Addendum to such Personal Data and limit any further Processing of such Personal Data to only those limited purposes that require the retention, for so long as We maintain the Personal Data.
If there is a conflict between our Terms and this GDPR Addendum, the terms of this GDPR Addendum will control. Any claims brought under this GDPR Addendum will be subject to our Terms, including but not limited to, the exclusions and limitations set forth in the Agreement.