Land Intelligence Professional Services Terms and Conditions

 

Version 1.0
Effective: October 1, 2019

Acceptance of Terms of Service. This is an agreement between Land Intelligence, Inc. ("Company"), the owner and operator of https://landintelligence.net (the "Site"), and you ("you" or "You"), a user of the Site. By using the Site you acknowledge and agree to these Terms of Service and also the Privacy Policy, which is incorporated by reference. If you choose to not agree with any of these terms, you may not use the Site.

  1. Changes to Terms of Service
    • Right to Change Terms. The Company reserves the right, in its sole discretion, to change these Terms of Service ("Updated Terms") from time to time.
    • Notice of Updated Terms. Unless the Company makes a change for legal or administrative reasons, the Company will provide reasonable advance notice before the Updated Terms become effective. You agree that the Company may notify you of the Updated Terms by posting them on the Site.
    • Acceptance of Updated Terms. Your use of the Site after the effective date of the Updated Terms constitutes your agreement to the Updated Terms. You should review these Terms of Service and any Updated Terms before using the Site.
    • Effective Date of Updated Terms. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms and will apply to your use of the Site from that point forward.
  2. Account Security. The Company cares about the integrity and security of your personal information. However, the Company cannot guarantee that unauthorized third parties will never be able to defeat the Site's security measures or use any personal information you provide to us for improper purposes. You acknowledge that you provide your personal information at your own risk.
  3. License. During the term of this agreement, the Company grants you a limited, non-exclusive, non-transferable license to access the Site for your personal and non-commercial use in accordance with the Terms of Service.
  4. Intellectual Property Rights. The design, trademarks, service marks, and logos of the Site ("Marks"), are owned by or licensed to the Company, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. The Company reserves all rights not expressly granted in and to the Site. You agree to not engage in the use, copying, or distribution of any of the Site other than expressly permitted.
  5. User Conduct. You may not engage in any of the following prohibited activities:
    • copying, distributing, or disclosing any part of the Site in any medium, including without limitation by any automated or non-automated "scraping",
    • using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Site,
    • transmitting spam, chain letters, or other unsolicited email,
    • attempting to interfere with, compromise the system integrity or security of, or decipher any transmissions to or from the servers running the Site,
    • taking any action that imposes or may impose, at our sole discretion, an unreasonable or disproportionately large load on Site infrastructure,
    • uploading invalid data, viruses, worms, or other software agents through the Site,
    • collecting or harvesting any personally identifiable information, including account names, from the Site,
    • using the Site for any commercial solicitation purposes,
    • impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity,
    • interfering with the proper working of the Site,
    • accessing any content on the Site through any technology or means other than those provided or authorized by the Site, or
    • bypassing the measures, we may use to prevent or restrict access to the Site, including without limitation, features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content.
  6. Third Party Content. Through the Site, you will have the ability to access and/or use content provided by third parties. The Company cannot guarantee that such third-party content will be free of material you may find objectionable or otherwise. The Company disclaims any responsibility or liability related to your access or use of any third-party content.
  7. Links to other Websites
    • Links. The Site may contain links to third-party websites or resources. You acknowledge and agree that Company is not responsible or liable for:
      • the availability or accuracy of such websites or resources; or
      • the content, products, or services on or available from such websites or resources.
    • No Endorsement. Links to such websites or resources do not imply any endorsement by Company of those websites or resources.
    • Assumption of Risk. You acknowledge sole responsibility for and assumes all risk arising from your use of any such websites or resources.
  8. Privacy. For information about how the Company collects, uses, and shares your information, please review our Privacy Policy. You agree that, by using the Site, you consent to the collection, use, and sharing (as set forth in the Privacy Policy) of that information (including the transfer of this information to the United States or other countries for the Company's storage, processing, and use).
  9. Copyright Policy. The Company respects the intellectual property rights of others and expects users of the Service to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide our copyright agent with the following information in accordance with the Digital Millennium Copyright Act:
    • a physical or electronic signature of the copyright owner or a person authorized to act on their behalf,
    • identification of the copyrighted work claimed to have been infringed,
    • identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material,
    • your contact information, including your address, telephone number, and an email address,
    • a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law, and
    • 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 copyright owner.
  10. The Site is provided "as is," without any warranties of any kind. To the fullest extent permissible under applicable Law, the Company disclaims all such warranties, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, freedom from errors, suitability of content, or availability.
  11. Limitation on Liability. Neither party will be liable for breach-of-contract damages that are remote or speculative, or that the breaching party could not reasonably have foreseen on entry into this agreement.
  12. Arbitration
    • Informal Dispute Resolution. The parties shall cooperate to attempt to informally resolve any dispute arising out of this agreement before submitting the dispute to arbitration.
    • Arbitration Proceedings. Subject to the exceptions in the section, if the parties cannot resolve the dispute informally, the parties shall resolve any dispute arising out of this agreement, except for disputes involving claims for injunctive or other equitable relief, by binding arbitration by
      • the American Arbitration Association ("AAA") under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, or
      • a panel of three arbitrators, one appointed by each party, and the third appointed by the first two arbitrators.
    • Failure to Appoint Arbitrators. The parties shall request the AAA to appoint one or more of the arbitrators, as applicable, if
      • within [20] Business Days of either party requesting arbitration, the other party fails to appoint an arbitrator, or
      • within [20] Business Days of the appointment of the second arbitrator, the first two arbitrators cannot agree on the appointment of a third arbitrator.
    • Arbitration Location. The parties shall submit their dispute to arbitration in Fairfax County, Virginia, unless the parties agree otherwise in writing.
    • Arbitration Fees
      • Company Pays Reasonable Fees. Company shall pay your reasonable filing, administrative, and arbitrator fees, up to $75,000, if and only if your claim is non-frivolous according to the standards listed in Federal Rule of Civil Procedure 11(b).
      • Mutually Responsible for Additional Fees. After the first $75,000 Company is obligated to pay under paragraph 5.1, each party shall be responsible for paying any AAA filing, administrative, and arbitrator fees, according to AAA rules.
    • Arbitration Award
      • Included in the Award.The arbitration award will include costs of arbitration, reasonable attorneys' fees, and reasonable costs for expert and other witnesses.
      • Entered in Any Competent Court.Any judgment on the award the arbitrator renders may be entered in any court of competent jurisdiction.
    • Injunctive Relief. Notwithstanding anything in this section, either party may seek injunctive or other equitable relief from the courts for matters related to this Agreement.
    • Class Actions. The parties shall bring any claims in their individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.
  13. We welcome any comment, question, and communication at hello@landintelligence.net.