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TERMS OF SERVICE

Effective Date: Aug 1, 2020 

This page explains our terms of service, which contain important information about your legal rights. When you use LAND you’re agreeing to these terms. To help make them easier to understand, we’ve also included annotations in these gray boxes. The annotations aren't part of the official terms and have no legal effect, but are intended to help you follow the text.

Hello and welcome to LAND’s Terms of Service!

These Terms of Service ("Terms") cover your use of and access to the sites, products, applications, tools, services and features (collectively, the "Services") provided by LAND (as defined below), including without limitation during free trials, web, mobile and other applications.

Please read this Agreement (as defined below) carefully! It includes important information about your legal rights, and covers areas such as automatic subscription renewals, warranty disclaimers, limitations of liability, the resolution of disputes by arbitration and a class action waiver. Please note if you are an EU Consumer (as defined below), some of these provisions may not apply to you and you may be entitled to specific rights under the mandatory laws of the country in which you live.

By using or accessing the Products and Services, you're agreeing to these Terms, our Product Specific Terms, our Copyright Policy, our Acceptable Use Policy and our Data Processing Addendum (collectively, this “Agreement”). If you're using the Products and Services for or on behalf of an organization, you're agreeing to this Agreement on behalf of that organization, and you represent and warrant that you can do so. References to “you”, “your” and similar terms are construed accordingly in this Agreement. If you don’t agree to all the terms in this Agreement, you may not use or access the Products and Services.

We’ve tried to make this Agreement fair and straightforward, but feel free to contact us if you have any questions or suggestions.

1.         Creating Accounts

Make sure your account information is accurate and that you keep your accounts safe. You’re responsible for your accounts and any activity on them. Also, you need to be at least 16 years old to use LAND.

1.1. Signing Up. To use many of the Products and Services, you must first create an account (“Account”). Different parts of the Products and Services may require different Accounts. You agree to provide us with accurate, complete and at all times up to date information for your Accounts. We may need to use this information to contact you.

1.2. Staying Safe. Please safeguard your Accounts and make sure others don't have access to your Accounts or passwords and other authentication credentials (collectively, "passwords"). You're solely responsible for any activity on your Accounts and for maintaining the confidentiality and security of your passwords. We’re not liable for any acts or omissions by you or anyone else in connection with your Accounts. You must immediately notify us if you know or have any reason to suspect that your Accounts or passwords have been stolen, misappropriated or otherwise compromised or in case of any actual or suspected unauthorized use of your Accounts.

1.3. Sixteen And Older. The Services are not intended for and may not be used by children under the age of 16. By using the Services, you represent that you're at least 16. If you’re under the age of 18, depending on where you live, you may need to have your parent or guardian’s consent to this Agreement and they may need to enter into this Agreement on your behalf. 

2.      Third Party Product / Services

2.1. Third Party Product / Services. The Product / Services are integrated with various third party Product / Services suppliers and and applications (collectively, “Third Party Services”) that may make their content, products or services available to you. Examples of Third Party Services include application support services, social media platforms, LAND Specialists (as defined below), eCommerce Payment Processors (as defined below), extensions listed on LAND (as defined below). We don't control Third Party Services, and we’re not liable for Third Party Services or for any transaction you may enter into with them, or for what they do. When using Third Party Services, your security is your responsibility. You also agree that we may, at any time and in our sole discretion, and without any notice to you, suspend, disable access to or remove any Third Party Services. We’re not liable for any such suspension, disabling or removal, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses, or business disruption, costs or expenses you may incur or otherwise experience as a result (except where prohibited by applicable law).  

2.2. Third Party Sites. The Services may contain links to third party sites. When you access third party sites, you do so at your own risk. We don’t control and aren’t liable for those sites and what those third parties do.

3.         Our Intellectual Property

LAND is protected by various intellectual property laws. This section summarizes what we own and how we share.

3.1. LAND Owns LAND. The Products and Services are, as between you and LAND, owned by LAND, and are protected by copyright, trade secret, trademark and other US and foreign laws. This Agreement doesn't grant you any right, title or interest in the Products and Services, others’ User Content, our trademarks, logos or other brand features or intellectual property or trade secrets or others’ content in the Services. You agree not to change, modify, translate or otherwise create derivative works of the Products and Services or others’ User Content.

3.2. We Can Use Your Feedback For Free. We welcome your feedback, ideas or suggestions (collectively, “Feedback”), but you agree that we may use your Feedback without any restriction or obligation to you, even after this Agreement is terminated. This Section does not limit or affect any rights you may have under applicable data protection laws.

3.3. Our Demo Product or Content. We may provide beta releases or other products featuring demo content, including without limitation vehicles, software, hardware, photos, images, graphics, audio and video (collectively, “Demo Content”). Unless we tell you otherwise, Demo Content (or any portion of it) must be returned to LAND @ 1265 W65th Street, Cleveland, Ohio 44012, USA, or destroyed upon request, with proof of destruction upon request.

3.4. Our Betas Are Still In Beta. We may release products and features that we’re still testing and evaluating. Those Services will be marked as beta, preview or early access (or a similar phrasing), and may not be as reliable as our other Products and Services. 

4.         Our Rights

To operate effectively and protect the security and integrity of LAND, we need to maintain control over our Products and Services.

4.1. Important Things We Can Do. We reserve these rights, which we may exercise at any time and in our sole discretion, and without liability or notice to you (except where prohibited by applicable law): (a) we may change parts or all of the Products and Services and their look and functionality; (b) we may suspend or discontinue parts or all of the Products and Services; (c) we may terminate, suspend, restrict or disable your access to or use of parts or all of the Products and Services; (d) we may terminate, suspend, restrict or disable access to your Accounts or parts, some or all of our Services; and (e) we may change our eligibility criteria to use the Services (and if such eligibility criteria changes are prohibited by law where you live, we may revoke your right to use the Services in that jurisdiction).

4.2. Ownership Disputes. Sometimes ownership of an Account or site is disputed between parties, such as a business and its employees, or a web designer and a client. We try not to get involved in these disputes. However, we reserve the right, at any time and in our sole discretion, and without notice to you, to determine rightful Account or site ownership and to transfer an Account or site to such owner. Our decision in that respect is final. If we feel that we can’t reasonably determine the rightful owner, we reserve the right to suspend an Account or site until the disputing parties reach a resolution. We also may request documentation, such as a government-issued photo ID, credit card invoice or business license, to help determine the rightful owner.

4.3. Bullies. We will not allow our employees to be subject to bullying. We will make every attempt to rectify an issue with our customers. If a customers actions or words container threats of physical harm, ultimatums, or are unruly or aggressive, we retain the right to block the offending party from our Products and Services.

 

5.         Privacy

5.1. Privacy Policy. By using the Products and Services, you confirm that you have read and understood our Privacy Policy. However, it is not a contractual document and does not form part of this Agreement and we may change it from time to time. 

5.2. Protect And Improve The Services. You agree that we may protect and improve our Services through analysis of your use of the Products and Services,.

6.         Copyright

We comply with copyright law, and respond to complaints about copyright infringement in accordance with our Copyright Policy.

We respect the intellectual property of others and ask that you do too. We will protect our physical and digital assets as necessary.

7.         Taxes  

7.1. Taxes. All fees are exclusive of applicable national, provincial, state, local or other taxes (“Taxes”), unless explicitly stated otherwise. You're responsible for all applicable Taxes, and we'll charge Taxes in addition to the fees for the Products and Services when required to do so. If you're exempt from Taxes, you must provide us with valid tax exemption documentation. We reserve the right to determine if the documentation provided is valid. Tax exemption will, provided we’re satisfied it’s valid and applicable, only apply from and after the date we receive such documentation. If LAND has a legal obligation to pay or collect indirect Taxes (such as value-added tax or goods and services tax) on the sale to you under the laws of your country (where you are established, have a permanent address or usually reside), you shall be liable for payment of any such indirect Taxes. Where LAND does not have a legal obligation to pay or collect indirect Taxes on a sale of Paid Services to you, you may be required to self-assess those Taxes under the applicable laws of your country (where you are established, have a permanent address or usually reside).

7.2. Refunds on Product. Once a vehicle is sold, the MCO is turned into a title. After this process is complete, the vehicle is “used” and can not be returned. Refunds on vehicles are generally not accepted, accept where applicable by law.

7.3. Refunds on Services. While you may cancel any Paid Services at any time, you won't be issued a refund except in our sole discretion, or if legally required. Some of the Paid Services offer a free trial so you can try out your subscription. Please note applicable statutory rights of cancellation may not result in a refund, as we do not charge for this trial period.

7.3. Fee Changes. We may change our fees at any time. We’ll provide you with advance notice of these fee changes via the Services. New fees will not apply retroactively. If you don't agree with the fee changes, you have the right to reject the change by canceling the applicable Paid Service before your next payment date.

7.4. Chargebacks. If you contact your bank or credit card company to decline, chargeback or otherwise reverse the charge of any payable fees to us (“Chargeback”), we may automatically terminate your Account. If a fraudulent chargeback is made on a vehicle, after delivery, we will file charges of grand theft auto. If you have questions about a payment made to us, we encourage you to contact Customer Care before filing a Chargeback. We reserve our right to dispute any Chargeback.

7.5. Our Payment Processor. We use third party payment processors (each, a “Payment Processor”) to bill you through a payment account linked to your Account. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor, in addition to this Agreement. Except for payments made through mobile app stores, our current Payment Processor is Stripe, and your payments are processed by Stripe in accordance with Stripe’s terms of service and privacy policy. You agree to pay us, through the Payment Processor, all charges at the prices then in effect for any purchase in accordance with the applicable payment terms. You agree to make payment using the payment method you provide with your Account. We reserve the right to correct, or to instruct our Payment Processor to correct, any errors or mistakes, even if payment has already been requested or received.

8.       Product Specific Terms

Certain Services are subject to terms set forth in our Product Specific Terms.

8.1. Our Product Specific Terms apply to your access to and use of certain specific products or services available via the Services as specified in our Product Specific Terms. Our Product Specific Terms are incorporated by reference into this Agreement.

8.2. Definitions.

“eCommerce Payment Processor” as used herein has the meaning set forth in our Product Specific Terms.

“Your eCommerce” as used herein has the meaning set forth in our Product Specific Terms.

9.       Term And Termination

Either of us can end this agreement at any time.

This Agreement will remain in effect until terminated by either you or us. You may terminate this Agreement at any time via the Services. We reserve the right to change, suspend or discontinue, or terminate, restrict or disable your use of or access to, parts or all of the Products and Services or their functionality at any time at our sole discretion and without notice. For example, we may suspend or terminate your use of part or all of the Services if you're violating these Terms or our Acceptable Use Policy. We will endeavor to provide you reasonable notice upon suspending or terminating part or all of the Products and Services. All sections of this Agreement that by their nature should survive termination shall survive termination, including without limitation the following sections in these Terms and any similar sections or provisions in the rest of this Agreement:  Your Content, Our Intellectual Property, Warranty Disclaimers, Limitation of Liability, Indemnification, Dispute Resolution and Additional Terms.

10.       Warranty Disclaimers

10.1. Online, Digital, Services Disclaimers. To the fullest extent permitted by applicable law, LAND makes no warranties, either express or implied, about the Products and Services. The Services are provided “as is” and “as available”. LAND also disclaims any warranties of merchantability, fitness for a particular purpose and non-infringement. No advice or information, whether oral or written, obtained by you from LAND, shall create any warranty. LAND makes no warranty or representation that the Services will: (a) be timely, uninterrupted or error-free; (b) meet your requirements or expectations; or (c) be free from viruses or other harmful components.  

10.2. Product Services Disclaimer. We warranty our product to be free of defect, manufactured or delivered. Our warranty is 2 years vehicle and chassis. The warranty does not cover abuse, quick wear parts, crashing, incorrectly maintenance or services product. We reserve the right to reject any warranty claim.

10.3. Exceptions. Under certain circumstances, some jurisdictions don't permit the disclaimers in Section 10.1 and 10.2 so they may not apply to you. However, the disclaimers apply to the maximum extent permitted by applicable law. You may have other statutory rights and nothing in this Agreement affects your statutory rights or rights under mandatory laws. The duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by applicable law.

11.       Dispute Resolution

This section may not apply to you. If it does, before filing a claim against LAND, you agree to try to work it out informally with us first. Also, all formal disputes must be resolved through arbitration following the rules described below, unless you opt out of arbitration following the procedure described below. Finally, claims can only be brought individually, and not as part of a class action.

 

11.1. Informal Resolution. Before filing a claim against Squarespace, you agree to try to resolve the dispute by first emailing Hello@Land.email with a description of your claim. We'll try to resolve the dispute informally by following up via email, phone or other methods. If we can’t resolve the dispute within thirty (30) days of our receipt of your first email, you or LAND may then bring a formal proceeding.

11.2. Arbitration Agreement. Unless you opt-out during the Opt-Out Period in accordance with Section 11.3, you and LAND agree to resolve any claims, disputes and matters arising out of or in connection with this Agreement (including without limitation its existence, formation, operation and termination) and/or the Services (including without limitation non-contractual disputes and matters) through final and binding arbitration and you and LAND expressly waive the right to formal court proceedings (including without limitation trial by jury), except as set forth below. Discovery and rights to appeal in arbitration are generally more limited than in a lawsuit, and other rights that you and we would have in court may not be available in arbitration. There is no judge or jury in arbitration, only an experienced, independent third party that will act as the arbitrator, and court review of an arbitration award is limited.

11.3. Arbitration Opt-Out. You can decline this agreement to arbitrate by emailing us at Hello@Land.email within thirty (30) days of the date that you first agree to this Agreement (“Opt-Out Period”). Your email must be sent from the email address you use for your Account, and must include your full name, residential address and a clear statement that you want to opt out of arbitration. If you opt out of arbitration pursuant to this Section 11.3, then Sections 11.4, 11.5, and 11.6 of these Terms do not apply to you. This opt-out doesn’t affect any other sections of the Terms, including without limitation Sections 11.8 (Time for Filing), 11.10 (No Class Actions) and 11.3 (Controlling Law; Judicial Forum for Disputes). If you have any questions about this process, please contact Hello@Land.email.   

11.4. Arbitration Time For Filing. Any arbitration must be commenced by filing a demand for arbitration within one (1) year after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim. If applicable law prohibits a one (1) year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.

11.5. Arbitration Procedures. JAMS, Inc. (“JAMS”) will administer the arbitration in accordance with the JAMS Streamlined Arbitration Rules & Procedures (“JAMS Rules”) in effect at the time of the dispute.

11.6.1. US Users and Non-US Users. If you are a US User, you and LAND agree that this Agreement affects interstate commerce, so the US Federal Arbitration Act and federal arbitration law apply and govern the interpretation and enforcement of these provisions (despite Section 16.2 below). Any arbitration hearings will take place at a location to be agreed upon in Cleveland, Ohio, in English, and shall be settled by one (1) commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the JAMS Rules. The arbitrator must follow this Agreement and can award the same damages and relief as a court (including without limitation reasonable attorneys' fees and costs), except that the arbitrator may not award declaratory or injunctive relief benefiting anyone but the parties to the arbitration. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.

11.6.2. EU Consumers. If you are an EU Consumer who brings a claim against LAND in the US, you and LAND agree that any arbitration hearings will take place at a location to be agreed upon in Cleveland, Ohio, in English, and shall be settled by one (1) commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the JAMS Rules. The arbitrator must follow this Agreement and can award the same damages and relief as a court (including without limitation reasonable attorneys' fees and costs), except that the arbitrator may not award declaratory or injunctive relief benefiting anyone but the parties to the arbitration. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.

11. 7. Arbitration Fees. The JAMS Rules will govern payment of all arbitration fees. We won’t seek our attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.

11.8. Exceptions To Arbitration Agreement. Notwithstanding anything in this Agreement, either you or LAND may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Products and Services, or intellectual property infringement or misappropriation (for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration or the informal dispute resolution process described above.

11.8.1. US Users and Non-US Users. If you are a US User, either you or LAND may assert claims, if they qualify, in small claims court in Cleveland, Ohio or any US county where you live or work.

11.8.2. EU Consumers. If you are an EU Consumer who brings a claim against LAND in the US, such claims must be asserted, if they qualify, in small claims court in Cleveland, Ohio.

11.9. Time For Filing. Any claim not subject to arbitration must be commenced within one (1) year after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim. If applicable law prohibits a one (1) year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.

15.10. NO CLASS ACTIONS. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, collective, consolidated or representative action. Class actions, class arbitrations, collective actions, private attorney general actions and consolidation with other arbitrations aren't allowed.

12.       Additional Terms

This section includes some additional important terms. For instance, this Agreement is the whole agreement between us regarding your use of LAND. If we ever change it in a way that meaningfully reduces your rights, we’ll give you notice and an opportunity to cancel. Also, if you’re reading this in a language other than English, note that the English language version controls.

12.1.  Entire Agreement. This Agreement constitutes the entire agreement between you and Squarespace regarding the subject matter of this Agreement, and supersedes and replaces any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of this Agreement. You agree that you have not relied upon, and have no remedies in respect of, any term, condition, statement, warranty or representation except those expressly set out in this Agreement. You also may be subject to additional terms, policies or agreements that may apply when you use other services, including Third Party Services. This Agreement creates no third party beneficiary rights, and no third party shall have any right or standing to claim benefit or bring an action to enforce this Agreement (except otherwise agreed upon in additional terms between you and a Squarespace group company that sets forth such Squarespace group company’s third party beneficiary rights to enforce this Agreement).

12.2. EU Online Dispute Resolution. If you are an EU Consumer, you can access the European Commission’s online dispute resolution platform here. Please note that LAND is not committed nor obliged to use an alternative dispute resolution entity to resolve disputes with you.  

12.3. Waiver, Severability And Assignment. Our failure or delay to enforce any provision of this Agreement is not a waiver of our right to do so later. If any provision of this Agreement is found unenforceable, the remaining provisions will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not delegate, transfer or assign this Agreement or any of your rights or obligations hereunder without our prior written consent, and any such attempt will be of no effect. We may delegate, transfer or assign this Agreement or some or all of our rights and obligations hereunder, in our sole discretion, to any of our affiliates or subsidiaries or to any purchaser of any of our business or assets associated with the Services, with thirty (30) days prior written notice. If you are an EU Consumer, we will ensure that the delegation, transfer or assignment does not adversely affect your rights under this Agreement.

12.4. Modifications. We may modify this Agreement from time to time, and will post the most current version on our site. If a modification meaningfully reduces your rights, we’ll notify you (by, for example, sending you an email or displaying a prominent notice within the Services). The notice will designate a reasonable period after which the new terms will take effect. Modifications will not apply retroactively. By continuing to use or access the Services after any modifications come into effect, you agree to be bound by the modified Agreement and price changes. If you disagree with our changes, then you must stop using the Products and Services and cancel all Paid Services.

12.5. Events Beyond Our Control. We are not in breach of this Agreement or liable to you if there is any total or partial failure of performance of the Services resulting from any act, circumstance, event or matter beyond our reasonable control. This may include where such results from any act of God, fire, act of government or state or regulation, war, civil commotion, terrorism, insurrection, inability to communicate with third parties for whatever reason, failure of any computer dealing or necessary system, failure or delay in transmission of communications, failure of any internet service provider, strike, industrial action or lock-out or any other reason beyond our reasonable control.

12.6. Translation. This Agreement was originally written in English. We may translate this Agreement into other languages. In the event of a conflict between a translated version and the English version, the English version will control except where prohibited by applicable law.