Terms of Use

May 2013

Welcome to the website located at www.leafgenerator.com (the “Site”) that is owned by Foutch Manufacturing (“Foutch”, “Foutch Manufacturing LLC,” “LEAF Generator”, “we”, “our” or “us”). We provide website features to you subject to these terms of use, as they may be modified by us at any time without notice to you. If you visit or use the Site, you accept these terms of use and agree to comply with them. Please read them carefully, and please check this page regularly for updates.

Your Use of the Site

You must only use the Site in accordance with these terms of use and all applicable laws and regulations, and you agree not to violate such laws and regulations in your use of the Site. In addition, you agree that you will not interfere with or disrupt our security measures.

Some portions of the Site may require you to have a login profile (such as a username and password) in order to gain access. Unauthorized access or use of such portions of the Site is prohibited. If you create (or are provided with) a login profile for any part of the Site, you are responsible for maintaining the confidentiality of your login profile and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your login profile. You may not transfer your login profile to another person, share it with anyone, or use it to impersonate anyone.

You agree that any information you provide us with through the Site will be truthful and accurate. You also agree to notify us immediately if you believe your login profile has been used without your authorization. We will communicate with you via e-mail and similar technology for purposes relating to your login profile, any online request for a quote you place, and any other services we provide through the Site.

The Site’s Content

The Site and all of the Site’s content (e.g. text, graphics, logos, button icons, images and software) (“Content”) are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. We and our licensors own and retain all proprietary rights to the Site and the Content. The LEAF Generator name, logos and related marks are trademarks/design marks of  Foutch Manufacturing LLC. All trademarks used on the Site are the property of their respective owners.

Rights to the Site and Content

Subject to your compliance with these terms of use: (1) you may access and make personal use of the Site and the Content; and (2) you may create a hyperlink to the home page of the Site so long as the link does not portray the Site, or our products or services, in a false, misleading, derogatory, or otherwise offensive manner.

Without our express written consent, you may not: (1) reproduce, duplicate, copy, sell, or otherwise exploit for any commercial purpose any portion of the Site or the Content; (2) frame or utilize framing techniques to enclose any LEAF Generator or Foutch Manufacturing LLC, trademark, logo, or Content; (3) use any logo or other proprietary graphic or trademark as part of a hyperlink to the Site; (4) use any meta tags or any other “hidden text” utilizing “our” name or trademarks; (5) download (other than page caching) or modify the Site or the Content, or any portion thereof; (6) make any derivative use of the Site or the Content; or (7) use any data mining, robots, or similar data gathering and extraction tools on the Site or the Content.

Our Products and Services

The Content of this site is provided only for informational purposes, and may not describe all of the terms, conditions, and exceptions applicable to our products and services

Privacy

Please review our privacy policy (available at www.leafgenereator.com) (“Privacy Policy”), which also governs your visit to the Site and is incorporated by reference into these terms of use. You agree to the use of your information in accordance with the Privacy Policy.

Disclaimer of Warranties and Limitation of Liability 

THE SITE AND ALL CONTENT, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED BY FOUTCH MANUFACTURING ON AN “AS IS” AND “AS AVAILABLE” BASIS AND, TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, FOUTCH MANUFACTURING DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. FOUTCH MANUFACTURING DOES NOT WARRANT THAT THE SITE OR THE CONTENT, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE (INCLUDING ANY E-MAILS SENT BY US) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT ANY PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE WILL MEET YOUR NEEDS.

IN NO EVENT WILL FOUTCH MANUFACTURING BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THE SITE OR FROM ANY CONTENT, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES, EVEN IF YOU HAVE ADVISED FOUTCH MANUFACTURING IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES AND SUCH DAMAGES ARE FORESEEABLE.

We may from time to time provide links to other websites as a convenience to you, and we assume no responsibility or liability for the contents of those websites, or any products or services advertised or sold on those websites.

Child Online Protection Act Notification

Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the GetNetWise website (available at http://kids.getnetwise.org/tools/).

Unsolicited Submissions

If you send us any unsolicited ideas, suggestions or materials, you agree that we will be completely free to implement, use, modify or otherwise exploit, in any way, your idea, suggestion or materials (or any part thereof) without any payment or other obligation to you, and you agree never to assert against us any claim based on any proprietary rights therein.

Applicable Law and Disputes

The Site is controlled and operated by Foutch Manufacturing in the state of Tennessee. These terms of use and your use of the Site are governed by the laws of the state of Tennessee, without giving effect to any principles of conflicts of laws. Any dispute arising out of or relating in any way to these terms of use or the Site may only be brought in the state or federal courts located in Dekalb County, Tennessee.

Miscellaneous

We reserve the right at any time to: (1) make changes to the Site, the Privacy Policy and these terms of use; (2) revoke your permission to access, use or hyperlink to the Site; and (3) seek all remedies available at law and in equity for violations of these terms of use, including suspending or blocking your access to the Site. The waiver by us of a breach or violation of any provision of these terms of use is not a waiver of any subsequent breach or violation.

These terms of use, together with the Privacy Policy, state the entire agreement with regard to the items discussed above. Any insurance policy that we issue to you will be a separate contract.

If any provision of these terms of use is found to be void, invalid or unenforceable: (1) the same will be conformed to the extent necessary to comply with applicable law, or stricken if not so conformable; and (2) the remaining provisions will remain in effect.

Contact Us

If you have any questions, comments or concerns about these terms of use please contact us at:

WWW.LEAFGENERATOR.com
sales@leafgenerator.com

615.597.6909 EXT 223