We may make changes to these Terms from time to time. It is your responsibility to review these Terms frequently and to remain informed of any changes to them. You agree that your continued use of the Site after any such changes have been published to the Site shall constitute your acceptance of the Terms as revised.
Special terms may apply to some services and activities offered on the Site. These terms are posted in connection with the applicable service. Any such terms are in addition to these Terms, and in the event of a conflict, prevail over these Terms.(2) LICENSE TO USE THE SITE
Subject to these Terms, we grant to you a limited, personal, non-exclusive, non-transferable license to use the Site for your personal use and not for resale or further distribution. Your right to use the Site is limited by the terms set forth in these Terms.
Except for your pre-existing rights and this license granted to you, we and our licensors retain all right, title and interest in and to the Site, including all related intellectual property rights. The Site is protected by applicable intellectual property laws, including United States copyright law and international treaties.
Except as otherwise explicitly provided in these Terms or as may be expressly permitted by applicable law, you will not, and will not permit or authorize third parties to: (a) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer or create derivative works of the Site; (b) rent, lease or sublicense access to the Site; nor (c) circumvent or disable any security or technological features or measures of the Site.(3) ACCESS TO THE SITE; MODIFICATIONS TO THE SITE
We do not provide you with the equipment to access the Site. You are responsible for all fees charged by third parties to access the Site (e.g., charges by internet service providers).
We reserve the right to modify or discontinue, temporarily or permanently, all or a part of the Site without notice. We will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site.
We also reserve the right, in our sole discretion, to reject, refuse to post, or remove any posting (including private messages) by you, and to restrict, suspend, or terminate your access to the Site at any time, for any or no reason, with or without prior notice, and without liability.(4) SITE RESTRICTIONS
You must comply with all applicable laws when using the Site. Except as may be expressly permitted by applicable law or authorized by us in writing, you will not, and will not permit anyone else to: (a) store, copy, modify, distribute, or resell any of the information; audio, visual, and audiovisual works; or other content made available on the Site (“Site Content”) or compile or collect any Site Content as part of a database or other work; (b) use any automated tool (e.g., robots, spiders) to use the Site or store, copy, modify, distribute, or resell any Site Content; (c) rent, lease, or sublicense your access to the Site to another person; (d) use the Site or Site Content for any purpose except for your own personal use; (e) circumvent or disable any digital rights management, usage rules, or other security features of the Site; (f) use the Site in a manner that threatens the integrity, performance, or availability of the Site; or (g) remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Site or Site Content.
We provide an RSS feed for each of our Sites. We provide this content “as is” and we shall not be held liable for your use of the information or the RSS feeds.
Use of a Site’s content, including text and images, on your site, or in print, is entirely at your discretion. We are not responsible for any complaints regarding content or images that you choose to display on your site or in print.
TO THE FULLEST EXTENT ALLOWED, Leadtopia DISCLAIMS ALL WARRANTIES INCLUDING WARRANTIES FOR MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. By accessing the RSS feeds or the XML instructions provided above, you indicate that you understand and agree to these terms and conditions.
If you are using all or substantially all of a RSS feed, we ask that you do not modify it in any way:.
In addition, for all content syndicated via an RSS feed, you must comply with the following:
If you link to this Site, you are permitted to link only to the home page at Leadtopia.net. Deep linking to internal parts of this Site, framing of this Site as part of other Web sites, and in-line linking or any other manner of incorporating parts of this Site as part of another Web site is not permitted without our prior written consent.(7) LINKS AND THIRD PARTY CONTENT
The Site may contain links to third party products, services, and Web sites. We exercise no control over the third party products, services, and Web sites and we are not responsible for their performance, do not endorse them, and are not responsible or liable for any content, advertising, or other materials available through the third party products, services, and Web sites. We are not be responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any goods or services available through the third party products, services, and Web sites.(8) RESTRICTED AREAS OF THE SITE
Certain areas of the Site may be password restricted to registered users (“Password-Protected Areas”). If you have registered as an authorized user to gain access to these Password-Protected Areas, you agree that you are entirely responsible for maintaining the confidentiality of your password, and agree to notify us if the password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. You agree that you are entirely responsible for any and all activities that occur under your account, whether or not you are the individual who undertakes such activities. You agree to immediately notify us of any unauthorized use of your account or any other breach of security in relation to your password or the Site that is known to you.(9) SUBMISSIONS
Users of the Site may have the opportunity to post information to the Site, including original articles, blog posts, reviews, comments, and other information and materials. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties on the Site are those of the respective authors or producers and not of us or our sponsors or their respective shareholders, directors, officers, employees, agents, or representatives. We do not control the content posted by third parties via the Site and do not guarantee the accuracy, integrity or quality of such content. All third party contributors are solely responsible for the originality and accuracy of their Submissions (as defined below). You understand that by using the Site, you may be exposed to content that is offensive, indecent, or objectionable. Under no circumstances will we, our sponsors or their respective shareholders, directors, officers, employees, agents, or representatives be held liable for any loss or damage caused by your reliance on information obtained through the Site. It is your responsibility to evaluate the information, opinion, advice, or other content available.
You agree that we are free to use any original articles, blog posts, comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send or provide to us (each, a “Submission”), including, without limitation, responses to questionnaires or through postings to the Site without further compensation, acknowledgment, or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Site and our products and services.
Furthermore, by posting any Submission on the Site, submitting information to us, or in responding to questionnaires or other means for providing Submissions to us, you grant us a perpetual, non-exclusive, fully paid, royalty-free, irrevocable, sub-licenseable, worldwide license and right to display, use, perform, reproduce, modify, syndicate, distribute and create derivative works of the Submission or information submitted in any media, software, or technology of any kind now existing or developed in the future. We reserve the right to not publish or delete any Submission that we believe has violated these terms in our sole discretion as well as remove any sharing links or advertising accompanying any Submission, or remove any Submission that has plagiarized other works, at our sole discretion. We also reserve the right to right to edit post headlines for clarity or search engine optimization, make corrections for spelling and grammar or make stylistic edits to insure that any Submission complies with our global site styling.
BY POSTING OR PROVIDING ANY SUBMISSION OR OTHER INFORMATION, YOU REPRESENT AND WARRANT THAT PUBLIC POSTING AND USE OF YOUR SUBMISSION OR INFORMATION BY US WILL NOT INFRINGE ON OR VIOLATE THE RIGHTS OF ANY THIRD PARTY AND THAT YOU HAVE ALL THE RIGHTS, POWER AND AUTHORITY NECESSARY TO GRANT THE RIGHTS HEREIN TO ANY SUBMISSION.(10) USE POLICIES
You are solely responsible for any content and other material that you submit, publish or display on the Site or transmit to other members and/or other users of the Site.
You will not use the Site to: (a) upload, post, email, or otherwise transmit any Submission that contains unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (b) harm us or third parties in any way; (c) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (d) upload, post, email, or otherwise transmit any Submission that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (e) upload, post, email or otherwise transmit any Submission that infringes any patent, trademark, trade secret, copyright, or other right of any party; (f) upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other forms of solicitation; (g) upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (h) interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site; (i) intentionally or unintentionally violate any applicable local, state, national or international law or regulation; (j) “stalk” or otherwise harass another; or (k) collect or store personal data about other users.(11) FEEDBACK
We may provide you with a mechanism to provide feedback, suggestions, and ideas, if you choose, about the Site (“Feedback”). You agree that we may, in our sole discretion, use the Feedback you provide to us in any way, including in future modifications to the Site. You hereby grant to us and our assigns a perpetual, worldwide, fully transferable, irrevocable, royalty free license to use, reproduce, modify, create derivative works from, distribute, and display the Feedback in any manner any for any purpose.(12) INFORMATIONAL DISCLAIMERS RELATED TO YOUR USE OF THE SITE
Please note that some of the services provided on the Site are designed to provide consumers an opportunity to request information regarding certain products and services, including without limitation, solar energy. As a result, please note the following:
It is our policy that visitors to the Site who are under the age of 13 should not post or provide information on the Site without the consent of their parents. The Child Online Privacy and Protection Act (COPPA) regulates online collection of information from persons under the age of 13. It is our policy to refrain from knowingly collecting or maintaining personal information relating to any person under the age of 18. If you are under the age of 18, please do not supply any personal information through the site. If you are under the age of 18 and have already provided personal information through the site, please have your parent or guardian contact us immediately, so that we can remove such information from our files. You may contact us at the address below.(14) DMCA Notice
If you believe that you have a copyrighted work that has been copied, reproduced, displayed, duplicated, performed, distributed, or otherwise infringed without your authorization and is available on this site in a way that may constitute copyright infringement, you may provide notice of your claim to the “Leadtopia Designated Agent” listed below, as set forth in the Digital Millennium Copyright Act of 1998 (DMCA).
For your notice to be effective, it must include the following information:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. A description of the copyrighted work that you claim has been infringed upon;
3. A description of where the material that You claim is infringing is located;
4. Information reasonably sufficient to permit Leadtopia to contact you, such as an address, telephone number, and, if available, an e-mail address at which you may be contacted;
5. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate and, under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If your user content or other information has been affected by reason of a notification under the DMCA, you may make a counter-notification pursuant to sections 512(g)(2) and (3) of the DMCA. You will be liable for damages (including costs and attorneys fees) if you materially misrepresent that your user content or your activity is not infringing the copyrights of others. When we receive a counter-notification, we may reinstate the material in question. To file a counter-notification with us, You must provide us with a written communication sent to Leadtopia’ Designated Agent identified above that sets forth the following items:
1. An identification of the URLs or other unique identifying information of material that Leadtopia has removed or to which Leadtopia has disabled access;
2. Your name, address, telephone number, email address, and a statement that You consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or Los Angeles County, California if your address is outside of the United States), and that You will accept service of process from the person who provided notification under the DMCA or an agent of such person;
3. A statement, under penalty of perjury, that You have a good faith belief that content at issue was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
4. Your physical or electronic signature.(15) SECURITY
We use reasonable security measures that are designed to protect personal information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. Please note, however, that no data security measures can be guaranteed to be completely effective. Consequently, we cannot ensure or warrant the security of any personal information or other information. You transmit personal information to us at your own risk.(16) LIMITATION OF LIABILITY
YOUR USE OF THE SITE IS AT YOUR OWN RISK, INCLUDING WITHOUT LIMITATION, ANY PRODUCTS OR SERVICES PROVIDED BY ANY OF OUR RECOMMENDED PARTNERS. ACCORDINGLY, TO THE FULLEST EXTENT PERMITTED BY LAW, Leadtopia AND OUR SPONSORS AND LICENSORS WILL NOT BE LIABLE 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 EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM THE USE OF ANY RECOMMENDATIONS/REFERRALS PROVIDED THROUGH THE SITE OR FROM THE PURCHASE OF PRODUCTS OR SERVICES PROVIDED BY ANY OF THE REFERRED PARTNERS, INCLUDING WITHOUT LIMITATION ANY SOLAR ENERGY PROVIDERS, ENERGY CONSULTANTS OR HOME IMPROVEMENT SERVICE PROVIDERS.
TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF Leadtopia AND OUR SPONSORS AND LICENSORS OF ALL KINDS ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXLeadtopiaD THE AMOUNTS, IF ANY, THAT YOU HAVE PAID TO Leadtopia.(17) INDEMNIFICATION
You agree to indemnify and hold harmless Leadtopia, its affiliates, its officers, directors, agents and employees against any asserted claims or suits made by any third party or any regulatory action brought by any entity, for any and all damages, losses, judgments, suits, claims or liabilities (including but not limited to reasonable attorneys’ fees) arising from or relating to: (i) any actual or alleged breach of these terms by you (ii) any content, data or material that you submit, post or otherwise provide to Leadtopia.(18) CHOICE OF LAW & LEGAL FORUM
We may occasionally update the Site and these Terms. When we do, we will revise the “last updated” date on these Terms. You should check this Site and these Terms frequently to see recent changes. The then-current version of these Terms will supersede all earlier versions.(22) CONTACTING US
If you have any questions or concerns about the Site or these Terms, you may contact us at firstname.lastname@example.org or mail us at: