Terms of Use

Last Updated: February 4th, 2017

Welcome to the LandSpotter.coms’ land searching and listing service. The LandSpotter.coms’ service is designed to simplify the process for you to search and find land listed online as well as provide for owners of land the ability list their properties. We provide an enabling compliant service that simply allows for searching and posting of land listings. YOU MUST ACCEPT THE TERMS AND CONDITIONS SET FORTH BELOW BEFORE ACCESSING THE LANDSPOTTER.COM SERVICE AND USING ANY PART OR PORTION OF THE LANDSPOTTER.COM WEBSITE.

1. Your Acceptance

A. Using any portion of our service constitutes acceptance of these Terms of Use as well, by clicking on the “Create an Account” button on the Account Registration Page you signify your agreement to these terms and conditions (the “Terms of Use”). LandSpotter.coms’ privacy notice, found at www.landspotter.com.com/privacy-policy and incorporated herein by reference. If you do not agree to any of these terms or the LandSpotter.com privacy notice, please do not use the Service.

B. LandSpotter.com may, in its sole discretion, modify or amend these Terms of Use at any time, and you agree to be bound by such modifications or revisions each time you use this service.

2. Service

A. The Terms of Use apply to all users of the Service. The Service includes all aspects of LandSpotter.com, including but not limited to all products, software and services offered via the LandSpotter.com Service.
B. The Service may include links to third-party websites that are not owned or controlled by LandSpotter.com. LandSpotter.com has no control over, and therefore assumes no responsibility for, the content or practices of any third-party service. LandSpotter.com cannot censor or edit the content of any third-party service. By using the Service you expressly relieve LandSpotter.com from any and all liability arising from your use of any third-party website.
C. ACCEPTANCE OF THESE TERMS OF USE INCLUDES USERS ACKNOWLEDGEMENT THAT LANDSPOTTER.COM IS NOT ENGAGED IN THE BROKERING SERVICE OF REAL ESTATE AND DOES NOT BROKER REAL ESTATE TRANSACTIONS. LANDSPOTTER.COM DOES NOT ACT AS A REAL ESTATE AGENT FOR YOU OR ANY OTHER USER. LANDSPOTTER.COM DOES NOT SELL, BUY, OR NEGOTIATE THE PURCHASE, SALE, OR EXCHANGE OF REAL PROPERTY. FURTHERMORE, LANDSPOTTER.COM DOES NOT LEASE OR RENT, OFFER TO LEASE OR RENT, OR NEGOTIATE THE LEASE OF REAL PROPERTY OR OTHERWISE AID/ASSIST IN THE LEASE OR RENT OF REAL PROPERTY. LANDSPOTTER.COM STRICTLY ONLY PROVIDES FOR AN ONLINE PORTAL FOR USERS TO SEARCH LISTINGS AND USERS TO POST PROPERTY LISTINGS.
D. Part of the Services available for users of LandSpotter.com uses the Google Maps Map service. Your use of Google Maps is subject to Google’s terms of use, located at http://www.google.com/intl/en_us/help/terms_maps.html.
E. LandSpotter.com business is funded in part through advertising. You understand and agree that the Services provided by LandSpotter.com may include advertisements, and that these are necessary to support the LandSpotter.com Services. To help make the advertisements geared toward your interest and to provide you with useful advertisements, LandSpotter.com may serve advertisements based on the information we collect from you or in relation to your engagement on our site. See the Privacy Policy for more details about what information we collect.

3. Property Listing Service

By submitting a property and/or posting a listing on LandSpotter.com you agree to be bound by all terms and conditions set forth in these terms of use and you furthermore accept the following terms: LandSpotter.com makes no guarantees as to the listing availability on LandSpotter.com. LandSpotter.com reserves the right to remove any listing for any reason or for no reason at all without notice. By using LandSpotter.coms’ Property Listing Service you hereby agree by posting your property listing on LandSpotter.com to a royalty free non-exclusive license granting LandSpotter.com the right to reproduce, publish, edit, refine, enhance, redesign, advertise, market, and display all content provided by you the User to LandSpotter.com as well as your contact information in perpetuity. LandSpotter.com does not Warrant, Represent or otherwise guaranty that any property listed on its service or website will result in a transaction. LandSpotter.com does not Warrant, Represent or otherwise guaranty that any person using the LandSpotter.com Website or Service will be qualified to engage or enter into any transaction. By listing property on LandSpotter.com you the User attests, affirms and guarantees that the property that is being listing on LandSpotter.com is 100% owned and controlled by the User Listing the property and that the User has full rights in order to sell the property that is being listed on LandSpotter.com. By listing property on LandSpotter.com you the User attests, affirms and guarantees that the content being posted on LandSpotter.com is true and correct without error and that the User has full ownership of the content that is being submitted to LandSpotter.com. This includes but is not limited to photographs, property maps, physical property description, etc.

4. LandSpotter.com Accounts

A. In order for Users to Post Listings on LandSpotter.com or for Users to take advantage of some of the additional features available to Search Users using the Service and/or Website, You must provide or someone for you must provide complete and accurate information to LandSpotter.com for its brief use of setting up your account on LandSpotter.com. You are solely responsible for the activity that occurs with your Account on LandSpotter.com therefore; YOU must keep your account password secure.
B. In addition to your other obligations under these Terms of Use and in consideration of your use of the Service, you agree to: (i) provide true, accurate, current and complete information about yourself as prompted by the LandSpotter.com user account registration and (ii) maintain and promptly update such personal and professional information to keep it true, accurate, current and complete during your use or during your account being active and open on LandSpotter.com. If you provide any personal or professional information that is untrue, inaccurate, not current or incomplete, or in the event that LandSpotter.com, or an Agent of the Company, has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, LandSpotter.com and or its Agents has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any portion thereof.
C. It is your obligation to inform LandSpotter.com during your use of the Service and/or Website if you are unable to access your account and/or if your account has been compromised. LANDSPOTTER.COM IS NOT RESPONSIBLE FOR YOUR ACCOUNT IF IT BECOMES COMPROMISED, IT IS YOUR RESPONSIBILITY TO SAFEGUARD YOUR PASSWORDS AND LANDSPOTTER.COM ACCOUNT INFORMATION.

5. Outbound Links

You agree not to post unlawful, misleading, false, illegal, adult, harassing, or otherwise offensive links on LandSpotter.com. We reserve the right to remove any links at anytime for any reason and no reason at all.

6. User Submitted Content

You warrant and guarantee that any and all property listings, advertisements, content, photographs, digital images, and contact information that you submit and/or post on LandSpotter.com is true and correct, not misleading, complies and satisfies all laws regulations as well as all MLS(Multiple Listing Service) Protocols. You agree that LandSpotter.com takes no responsibility and assumes no liability for any and all user submitted content. You and you alone are responsible for the content that you post/submit on LandSpotter.com as well as any repercussions that may or may not arise civilly and/or criminally from publishing said content.

7. General Use of the Service, Permissions and Restrictions

LandSpotter.com hereby grants you the limited right to view and use the Service as set forth in these Terms of Use, provided that: A. You agree not to distribute any part of the Website or Service in any medium without LandSpotter.coms’ prior written consent; B. You agree not to alter or modify any part of the Website or Service; C. You are of legal age to enter into contracts (you are not a minor). D. You have full right and power to enter into and perform this agreement, and have secured all third party permissions necessary to enter into this agreement; E. You agree not to use the Website or Service for any commercial purposes except for Property Searching and the Property Listing Services unless you obtain LandSpotter.coms’ prior written approval; F. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Service in a manner that sends more request messages to the LandSpotter.com servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, LandSpotter.com grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. LandSpotter.com reserves the right to revoke these exceptions either generally or in specific cases; G. All factual assertions that you have made and will make while using the Website and or Service are true and complete; H. LandSpotter.com reserves the right to discontinue any aspect of the Website or Service at any time; I. You agree to not reverse engineer the Service or build a service to compete with the LandSpotter.com within one year of ending this agreement and at any time during the term of this agreement; and J. You agree to present LandSpotter.com in the most favorable light. You agree not to publish in any manner negative information or information that could be construed as being negative to LandSpotter.com and/or its business.

8. Copyright Compliance

LandSpotter.com takes all Copyright Complaints very seriously, if you believe that these is content posted on LandSpotter.coms’ site that infringes on the rights of copyright material that you own and/or control please direct all copyright claims to legal@landspotter.com.

9. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, LANDSPOTTER.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. LANDSPOTTER.COM MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. LANDSPOTTER.COM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND LANDSPOTTER.COM WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

10. Limitation of Liability

IN NO EVENT SHALL LANDSPOTTER.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT LANDSPOTTER.COM IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT LANDSPOTTER.COM SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU SPECIFICALLY AGREE BY YOUR USE YOU WILL NOT CAUSE TO SUE LANDSPOTTER.COM FOR ANY ACTIONS RELATED TO THIS TRANSACTION. YOU AGREE THAT YOU CAN NOT PURSUE A CLASS ACTION SUIT AGAINST LANDSPOTTER.COM; THAT YOUR ONLY REMEDY IS TO SUBMIT YOUR CLAIM TO BINDING ARBITRATION IN CONTRA COSTA COUNTY CALIFORNIA; AND YOUR CLAIM/DAMAGES CAN NOT BE MORE THAN THE AMOUNT YOU HAD PAID LANDSPOTTER.COM FOR THE SERVICES RENDERED.

11. Indemnity

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless LandSpotter.com, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your actions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Service. You are familiar with Section 1542 of the Civil Code of the State of California, which provides as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor. You waive and relinquish any right and benefit which you may have under Section 1542 and under any similar laws of any state or territory of the United States or other jurisdictions to the extent that you may lawfully do so in connection with the subject matter of this agreement.

12. Assignment

These Terms of Use, and any rights and licenses granted hereunder, may not be assigned by you without LandSpotter.coms’ prior written consent, but may be assigned by LandSpotter.com without restriction.

13. LandSpotter.com Payment and Credit Card Privacy, Refund, Pricing and Subscription Policies.

Contact, Authentication and Credit Card Policies: LandSpotter.com, requires Users looking to List their Property using a paid listing package on LandSpotter.com to provide their payment information. Payments are processed using a third party ‘PayPal’, you agree and are bound to the terms of service provided by ‘PayPal’. LandSpotter.com does not transmit, save or keep your credit card information, this information is provided through PayPal, PayPals terms can be found here: https://www.paypal.com/us/webapps/mpp/ua/useragreement-full Refund Policy: There is no refund. LandSpotter.com will diligently work will all parties to attempt to cure any defect in the Service based on: notifying LandSpotter.com within one business day of use of service; the Listing was properly executed LandSpotter.coms’ Property Listing Service; the defect was a direct result of the technology/individuals associated with the LandSpotter.com Service. Examples of non curable defects are: content, text mistakes (spelling, missing, miss placement); wrong photos used or added to photo(s); mistakes by any third party; compliance; non acceptance for any reason of a LandSpotter.com Service by any third party. User agree that this property listing at their own risk; cure and damages are limited to the amount charged by LandSpotter.com to use the service. Pricing Policy: LandSpotter.com, provides a paid Service to post Property Listings. You agree to pay the fee that you signed up for regardless if any payment issues arise where third party payment processing of payments does not go through and you have used the LandSpotter.com Service. Subscription Policy: Subscriptions and reoccurring billing or payments is a service provided and managed through our third party approved payment processor PayPal. Any payment subscriptions or reoccurring payments made to LandSpotter.com can be managed within your PayPal Account.

14. General

These Terms of Use shall be governed by the substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and LandSpotter.com that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Contra Costa County, California. These Terms of Use shall constitute the entire agreement between you and LandSpotter.com. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and LandSpotter.coms’ failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Your use of the Service following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. YOU AND LANDSPOTTER.COM AGREE THAT ANY CAUSE OF ACTION/CLAIM ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.