This End-User Subscription Agreement is made effective as of the Effective Date, between you ("Subscriber," "You," "you," "Your" or "your") and landproDATA, Inc. ("Provider," "landproDATA," "landproDATA.com," "We," "we," "Our," "our," "Us" or "us"), in consideration of the covenants, representations and warranties set forth herein and other good and valuable consideration, you hereby agree as follows.
WHEREAS, landproDATA, Inc. has compiled information from various sources and has made the use of this data available online at the landproDATA.com website (the "Site"), for the use of registered subscribers only. It is our desire to provide the use of this data to individuals with a professional affiliation to and interest in the data for the purpose of conducting business in the land development industry.
Data may include assessor data, parcels, survey information, and other local, state, federal, and private information associated with land development. Professional affiliation refers to any affiliation within the land development community, such as licensed design professionals, real estate professionals, builders, developers, contractors, and employees of such (each a "professional").
WHEREAS, you are a professional who holds a Professional License or you are a member of a Professional Association in the land development community (or are an employee of such) and subscribe to its code of ethics and have the proper training to use the data provided by Provider in a professional manner and you acknowledge the need and have the ability to independently verify the accuracy of such data for Your intended use.
1. Grant and Use of Subscription. Subject to the terms and conditions of this Agreement, Provider hereby grants to Subscriber a personal, limited, non-exclusive, non-transferable Subscription, during the term of the Agreement (as defined in Section 6), to access and use the Site and access the data contained within the Site for land development related purposes.
Subscriber hereby represents and warrants that Subscriber has access to the following equipment in order to access the Site and use the Services: a computer, a monitor, a broadband connection to an internet service provider, internet browser software that supports 128-bit encryption, and an e-mail address to receive communications from Provider.
The Provider will grant one non-concurrent Subscription to each registered user. The Subscription should only be used by the registered Subscriber. Subscriber shall not authorize anyone else to use the Site. Hence, the Subscription cannot and shall not be used on two computers at one time. We reserve the right to refuse Subscription to any individual or terminate a Subscription.
2. No Other Rights Granted. Apart from the Subscription set forth in Section 1, this Subscription is not intended in any way to be a conveyance of any ownership interest in and to the Site or the data.
3. Restrictions on Use of Subscription. You are not permitted under this Agreement to do any of the following:
If it is found that a Subscriber has shared such Subscriber's credentials with another individual(s) then such Subscriber will be billed for such additional Subscriber(s) and We reserve the right to terminate Your Subscription.
Subscriber is also prohibited from accessing data on the Site and using such access to violate any underlying data agreement agreement or statute to which Provider is subject. In accordance with Idaho Code Section 74-120, Subscriber is prohibited from using parcel owner and address information for a mailing list for marketing or marketing research purposes. Subscriber agrees to abide by all public information laws. Below is a list of links to such agreements:
In any instances that Subscriber is permitted access to a third-party private data source hosted by Provider, Subscriber understands that Provider may require authorization from said third-party before granting access to Subscriber. Further, Subscriber's access to a third-party's private data is contingent on continued authorization from said third-party, and Provider is obligated to restrict access at any time according to the third-party's conditional rules and regulations governing access to their data. Subscriber is prohibited from accessing data on the Site and using such access to violate any agreement to which either Provider or Subscriber has agreed. Subscriber agrees to have read and understood the applicable private data access regulations, understands their responsibilities thereof, and agrees to abide by all such conditions set forth therein. Below is a list of links to such agreements:
4. Fees. You agree to pay to Provider an Activation Fee and a Subscription Fee for use of the Site. When you subscribe and provide payment information, your card or bank account will be debited, and if set to Auto-Renew, the subscription fee will be automatically deducted at the beginning of each payment period unless terminated as set forth in this Agreement. If approved for the Invoice option of payment, and selected, those Fees are due upon receipt of the invoice. Access to the Site will be terminated if Fees are not paid within 5 business days of placing the order. These Fees may be increased from time to time by Provider. Provider will notify all Subscribers of any increase in fees and said increases will become effective when this notice is sent or posted on the Site. Proof of actual receipt of notice is not required for the increased fees to become effective. If Subscriber made advanced purchases, those purchases will not be affected by increases.
5. Effective Date. Access to the Site will begin after your acceptance of this Agreement and after Provider receives and processes all the information, including the credit card or bank account information requested during the Subscription process.
6. Term and Termination. The Term of this Agreement shall be one year, and consent to this Agreement must be renewed every year of use of the Site. However, You are bound by the terms of this Agreement even if You don't renew.
Your rights under this Agreement may be terminated or suspended by Provider immediately and without notice if you fail to comply with any term or condition of this Agreement or if you stop payments. Upon termination You must immediately cease using the Site and services. Any termination of this Agreement shall not affect Provider's rights hereunder.
You may cancel your Subscription at any time for any reason upon notice to Provider. Refunds will not be given for partial Subscription period usage. Terminations requested by you will be effective as of the last day of your Subscription period in which the notice was given.
7. Registration. You must register to use the Site and (i) provide true, accurate, current and complete information as prompted in the sign-up process (the "registration data"), and (ii) maintain and promptly update the registration data to keep it accurate, current and complete. If You provide any registration data that is inaccurate, not current or incomplete, or if Provider has reasonable grounds to suspect it is inaccurate, not current or incomplete, Provider may, in its sole discretion, suspend or terminate your account and refuse any and all current or future access to and use of the Site and/or services (or any portion thereof).
9. Limited Warranty. Provider represents and warrants that it has the right and authority to make the data available on the Site to you as authorized herein. EXCEPT AS SET FORTH IN THE PRECEDING SENTENCE, THE DATA AND MATERIALS LOCATED ON THE SITE ARE PROVIDED ON AN "AS-IS" "AS AVAILABLE" BASIS AND PROVIDER AND ANY THIRD PARTY SUPPLIER OF DATA EXPRESSLY DISCLAIM ALL OTHER WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
10. Limitation of Liability. Provider shall not be liable for any loss, injury, claim, liability or damage of any kind resulting in any way from (a) any errors in or omissions from the Site or any data located thereon; (b) the unavailability or interruption of the Site or any features thereof or any data thereon; (c) your use of the Site or data; (d) the loss or corruption of any data in connection with the Site; (e) the content, accuracy, or completeness of the data; or (f) any content retrieved from any site if retrieved or linked to from within the Site.
With respect to any information and information services supplied by third parties available through the Site, You acknowledge that Provider makes no warranties of any kind in relation to the information and accepts no responsibilities for its accuracy or completeness or for any loss or damage whatsoever and howsoever suffered or incurred by You in connection with such information or services. The information provided on this Site is to be used only for reference purposes. The map and data are compilations of records. Provider does not warrant the accuracy, reliability or timeliness of any reproduction of the information in this system, and will not be held liable for any losses caused by using this information.
TO THE EXTENT PERMITTED BY LAW NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR LOST DATA, LOST PROFITS, BUSINESS INTERRUPTION, REPLACEMENT SERVICES OR ANY OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR INDIRECT DAMAGES OR LOSS (EXCEPT IN CONNECTION WITH SUCH PARTY'S INDEMNIFICATION OR CONFIDENTIALITY OBLIGATIONS UNDER THIS AGREEMENT) REGARDLESS OF THEORY OF LIABILITY.
11. Limitation of damages. The entire cumulative liability of Provider, its suppliers, and services providers for any reason arising from or relating to this Agreement shall be limited to the amount paid by you for access to the Site for the previous six (6) months. These limitations of liability and damages noted above apply even if Provider, its suppliers, service providers, or its representatives have been advised of the possibility of such damages, and even if a remedy set forth herein is found to have failed of its essential purpose.
12. Indemnification. You hereby agree to indemnify, defend, protect and hold harmless Provider, its affiliates, and each of their employees, agents, officers and directors (the "Indemnified Persons"), from and against, all liability for all suits, actions, damages or claims of any character brought by third parties (collectively, "Liabilities") against the Indemnified Persons arising out of or related to (i) your use of the Site or the information obtained therefrom; (ii) Subscriber's breach of this Agreement; or (iii) your violation of any applicable laws relating to the use of the information obtained by Subscriber on the Site.
13. Subscriber's Acknowledgements. By accepting this Subscription Agreement you hereby acknowledge and agree as follows:
Subscriber may communicate known or suspected defects regarding the data to Provider. Provider will make every effort to correct defects as soon as possible; however, Provider is not responsible or liable for any failure to correct such defects.
14. Maintenance. Necessary and customary maintenance of the Site will be required on a weekly and/or monthly basis. During this time the Site may be unavailable. Provider will make every effort to perform this maintenance during those hours of least use and will work to resolve all issues as soon as possible. In the event the Site is unavailable for more than one consecutive 48 hour period, without prior notice, then Provider, at its sole discretion, will offer credits available to use towards future fees if requested in writing from the Subscriber.
15. Notice. Provider may be required to send communications to You that may pertain to the Site, the use of information You may submit to Provider, and the services You choose. Additionally, certain of the third party services you choose may require communications with the third parties who administer these programs. Any notices or other communications required or permitted pursuant to this Agreement shall be deemed given when delivered by email to the address provided during the registration process or upon posting them on the Site. You agree to notify Provider promptly of any change in your email address. Any notices required or permitted to be delivered by Subscriber to Provider may be delivered to info@landproDATA.com
16. Requirements to Access the Site.
Pop-ups are required to be enabled in order to use the Site. landproDATA.com and the mapping portion of the Site use pop-ups. These pop-ups consist of new windows which are opened to display information or allow functionality of the maps while maintaining the map view. We do not allow or provide any 'third party' pop-ups so you should set your internet browser's security setting appropriately in order to use the Site's functions properly.
You are required to have your own broadband internet service provider for the Site to work properly.
You shall not share your access to the Site. The Subscription is for an individual. Each individual on the Site must have their own Subscription.
17. Amendment. Provider may amend this Agreement, change, delete, discontinue, or impose conditions on any feature or aspect of the Site and services (including but not limited to internet based services, pricing, technical support options, and other service-related policies) upon notice as set forth herein. You will have the option of accepting or rejecting such changes upon notice. If you reject such changes, the Agreement will be deemed terminated as of the last day of the month in which the notice was given. Whether or not you have accepted such changes, any use of the Site by You after Provider's publication of any such changes shall constitute your acceptance of this Agreement as modified.
18. Miscellaneous. This Agreement is a complete statement of the Agreement between You and Provider and sets forth the entire liability of Provider, its suppliers, and service providers, and your exclusive remedy with respect to the Site, service, data, and the use thereof. The suppliers, agents, employees, distributors, and dealers of Provider are not authorized to make modifications to this Agreement, or to make any additional representations, commitments, or warranties binding on Provider. Any failure by the Provider to enforce any provision of this Agreement will not constitute a waiver of that provision or any other provision of the Agreement. Any waiver of the terms herein by Provider must be in writing, signed by an authorized officer of Provider and expressly referencing the applicable provisions of this Agreement. If any provision of this Agreement is determined to be invalid or unenforceable by a court of competent jurisdiction under applicable law, then it shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. Headings are included for convenience only, and shall not be considered in interpreting this Agreement. As used in this Agreement, the word 'including' means including but not limited to. This Agreement does not limit any rights that Provider may have under trade secret, copyright, patent or other laws.
19. Attorney Fees. Provider is entitled to injunctive and other relief for violations of the terms of this Agreement. If Provider is required to pursue legal action against Subscriber related to violation of the terms of this Agreement and if Provider prevails, then Provider is entitled to an award to recover its reasonable attorneys' fees and costs from said Subscriber.
This user agreement was last updated on December 2, 2020.