LAND ADVISORS TERMS OF USE
Last Updated: updated October 25, 2023
These Land Advisors Terms of Use (“Terms”) are a binding and legal agreement between you (“User” or “you”) and Land Advisors Organization, LLC (“Land Advisors”, “we”, or “us”). This Terms governs your use of the Land Advisors Organization parcel browser app, and may include associated media or online documentation (the “Application”). The Application is licensed, not sold, to you.
BY ACCESSING THE APPLICATION[PC1] [EG2] , YOU[PC3] [EG4] : (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR (OR THE AGE OF LEGAL MAJORITY WHERE YOU LIVE) TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THESE TERMS AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS THE APPLICATION.
OUR APPLICATION IS INTENDED FOR USE BY BUSINESSES AND COMMERCIAL ENTITIES ONLY. [EG5] YOU ARE NOT AUTHORIZED TO USE OUR APPLICATION AS A NATURAL PERSON FOR PERSONAL OR HOUSEHOLD PURPOSES OR FOR ANY OTHER PURPOSE UNRELATED TO YOUR TRADE, BUSINESS OR PROFESSION. ACCORDINGLY, YOU WILL NOT BE ABLE TO RELY ON ANY APPLICABLE CONSUMER LAW OR BE ABLE TO INVOKE ANY CONSUMER-SPECIFIC RIGHTS.
We may make changes to these Terms. The “Last Updated” date above indicates when these Terms was last changed. If we make future changes, we may provide you with notice of such changes, such as by sending an email, providing a notice through the Application, or updating the date at the top of these Terms. [PC6] [EG7] Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of the Application after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must immediately stop using the Application.
1. License Grant. Subject to these Terms, Company grants you a limited, non-exclusive, and nontransferable license to download, install, access and use the Application for your professional use strictly in accordance with any applicable documentation.
2. License Restrictions[PC8] [EG9] . The preceding states the entirety of your rights with respect to the Application, and we reserve all rights in and to the Application not expressly granted to you in these Terms. We and our licensors and service providers reserve and will retain our entire right, title, and interest in and to the Application, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms. Without limiting the foregoing, you will not do, or authorize or permit any third party to do, any of the following: (a) copy the Application, except as expressly permitted by this license; (b) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Application; (c) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application or any part thereof; (d) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Application, including any copy thereof; (e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application, or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time; or (f) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application.
3. Information We May Collect. You may provide certain information to us in connection with your access or use of the Application, or we may otherwise collect certain information about you when you access or use the Application, which we may share with our service providers or licensors. You agree to receive emails, SMS or text messages[PC10] [EG11] , and other types of communication from us via the Application using the email address or other contact information you provide in connection with the Application. We provide you information about how we collect, use, share and otherwise process information about you in our Privacy[PC12] Policy https://app.landadvisors.com/static/privacy-policy.html, and you acknowledge that you have received and reviewed it.
4. User Accounts[PC13] [EG14] . You may need to register for a user account to access some or all of our services on the Application. If you register for a user account, you must provide accurate account information and promptly update this information if it changes. You must also maintain the security of your user account and you must not permit others to use your user account credentials. You are solely responsible for any payments, or any losses, damages, or expenses we or a third party incurs relating to any activities that occur on your user account. If you become aware of any unauthorized use of your user account on our Application, you must immediately notify us by sending an email to feedback@landadvisors.com. We reserve the right to reclaim usernames, including on behalf of businesses or individuals that hold legal claim, including trademark rights, in those usernames.
5. Updates. Land Advisors may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Land Advisors has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality.
6. Availability. We will make the Application available to you pursuant to these Terms. We will use commercially reasonable efforts to make the Application available, except (a) during planned downtime (of which we will give reasonable advance notice if practicable); (b) for any unavailability caused by circumstances beyond our reasonable control, including, for example, a force majeure event, performance issues with individual features, external network or equipment problems, or issues that are related to external apps or third parties; (c) as necessary to update the Services to ensure their security and integrity and provide the Service; or (d) as otherwise reasonably notified to you by us.
7. Third-Party Materials. The Application may display, include, or make available third-party content (including data, information, news articles, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising ("Third-Party Materials"). You acknowledge and agree that we are not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. We do not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
Payment and Taxes. The pricing plans for the App, and any additional billing terms, are set forth and described here https://app.landadvisors.com/static/pricing.html and you agree to abide by the terms applicable to your selected plan. [PC15] [EG16] Unless otherwise noted, all prices are shown in U.S. dollars and due as indicated in the applicable pricing plan, and any applicable taxes and/or shipping and handling charges [PC17] [EG18] are added to the total amount due. All prices and plans are subject to change without notice and you agree that any applicable taxes may be adjusted from the amount shown on the payment checkout screens. Several factors may cause this adjustment, such as variances between processor programs and changes in tax rates. You will be responsible for any applicable sales or use taxes, duties or other governmental taxes or fees payable in connection with your purchase. If you do not pay such taxes or fees in connection with a transaction, you will be responsible for such taxes or fees in the event that they are later determined to be payable. We reserve the right to collect such taxes or other fees from you at any time.
8. Term and Termination. If you fail to comply with any provision of these Terms, we may terminate these Terms immediately and retain any fees you previously paid. If at any time you are not happy with the Application, your sole remedy is to cease using the Application and follow the termination process. Further we may terminate these Terms and your use of the Application at any time and without notice if we cease to support the Application, which we may do in our sole discretion. Expiration or termination of these Terms shall not relieve you of any obligation you accrued prior to such expiration or termination, and we will not refund any previously paid amounts or fees.
9. Disclaimer of Warranties. THE APPLICATION IS PROVIDED TO YOU "AS-IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE, ON OUR OWN BEHALF AND ON BEHALF OF OUR AFFILIATES AND OUR AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, WE PROVIDE NO WARRANTY OR UNDERTAKING, AND MAKE NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
10. Limitation of Liability. IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE APPLICATION, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES CAUSED BY OR RESULTING FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS, OR SERVICES. IN NO EVENT WILL OUR AGGREGATE LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE APPLICATION EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION.
11. Indemnification. You agree to indemnify, defend, and hold harmless us and our officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, arising from or relating to your use or misuse of the Application or your breach of these Terms, including but not limited to the content you submit or make available through the Application.
12. Severability. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remainder of these Terms will remain in full force and effect.
13. Governing Law. Unless expressly prohibited by local law, these Terms are governed by the laws of the State[PC19] [EG20] of Delaware, U.S.A. without regard to any conflict of law principles to the contrary. You hereby irrevocably submit to jurisdiction of the state and federal courts located in Delaware with respect to any proceeding under these Terms. You will not prosecute any action, suit, proceeding, or claim arising under or by reason of these Terms except in such courts.
14. Mobile Device Terms. The following terms apply if you install, access, or use the Application on any device that contains the iOS mobile operating system developed by Apple Inc. (“Apple”):
(a) Acknowledgement. You acknowledge that these Terms are concluded solely between us, and not with Apple. Land Advisors, not Apple, is solely responsible for this iOS App and the content thereof. You further acknowledge that the usage rules for the iOS App are subject to any additional restrictions set forth in the Usage Rules for the Apple iOS App Store Terms of Service as of the date you download the Application, and in the event of any conflict, the Usage Rules in the Apple iOS App Store will govern if they are more restrictive. You acknowledge that you have had the opportunity to review the Usage Rules.
(b) Scope of License. The license granted to you is limited to a non-transferable license to use the Application on any iPhone, iPod touch, iPad, or any other Apple device that you own or control as permitted by the Usage Rules set forth in the Apple iOS App Store Terms of Service.
(c) Maintenance and Support. You and Land Advisors acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.
(d) Warranty. You acknowledge that Apple is not responsible for any product warranties, whether express or implied by law, with respect to the Application. In the event of any failure of the iOS App to conform to any applicable warranty, if any, you may notify Apple, and Apple will refund the purchase price, if any, paid to Apple for the iOS App by you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application. The parties acknowledge that to the extent that there are any applicable warranties, any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any such applicable warranty would be the sole responsibility of Land Advisors. However, Land Advisors has disclaimed all warranties of any kind with respect to the Application, and therefore, there are no warranties applicable to the Application.
(e) Product Claims. You and Land Advisors acknowledge that as between Apple and Land Advisors, Land Advisors, not Apple, is responsible for addressing any claims relating to the Application or your possession and/or use of the Application, including, but not limited to (a) product liability claims, (b) any claim that the Application fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection or similar legislation.
(f) Intellectual Property Rights. The parties acknowledge that, in the event of any third-party claim that the Application or your possession and use of the Application infringe that third party’s intellectual property rights, Land Advisors, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required under these Terms.
(g) Developer Name and Address. Any questions, complaints, or claims with respect to the iOS App should be directed to[PC21] :
(i) Land Advisors Organization
(ii) 4900 N Scottsdale Rd, Suite 3000
(iii) Scottsdale, Arizona 85251
(iv) feedback@landadvisors.com
(h) Third-Party Terms of Agreement. You will comply with any applicable third-party terms when using the Application.
(i) Third-Party Beneficiary. Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
(j) The following terms apply if you install, access, or use the Application on any device that contains the Android mobile operating system (the “Android App”) developed by Google, Inc. (“Google”):
(k) You acknowledge that these Terms are between you and us only, and not with Google.
(l) Your use of our Android App must comply with Google’s then-current Android Market Terms of Service.
(m) Google is only a provider of the Android Market where you obtained the Android App. We, and not Google, are solely responsible for our Android App and the Application and content available thereon. Google has no obligation or liability to you with respect to our Android App or these Terms.
(n) Google is a third-party beneficiary to these Terms as they relate to our Android App.