Last Revised: Dec 20, 2011
1. User’s Acknowledgment and Acceptance of Terms of Service
2. Description of Services
Lander is a performance marketing web app that allows you to create landing Pages in a simple way. With Lander you can create and manage campaigns for PPC, Social Media and Email Marketing and easily perform A/B tests.
These Terms of Service apply to the Lander Service. All content and services made available through the Site that were not made available as of the "Last Updated" date above, shall automatically be deemed to be part of the Lander Service when first made available through the Site.
You are solely responsible for providing, at your own expense, all equipment necessary to use the services, including a computer and modem; and your own Internet access (including payment of telephone service fees associated with such access).
We reserve the sole right to either modify or discontinue the site, including any features therein, at any time with or without notice to you. We shall not be liable to you or any third party should we exercise such right.
You understand and agree that temporary interruptions of the services available through this site may occur as normal events. You further understand and agree that we have has no control over third party networks you may access in the course of the use of this site, and therefore, delays and disruption of other network transmissions are completely beyond our control.
You understand and agree that the services available on this site are provided "AS IS" and that we assume no responsibility for the timeliness, deletion, mis delivery or failure to store any user communications or personalization settings.
Lander and its affiliates attempt to be as accurate as possible. However, Lander does not warrant that product descriptions and other content on this Site is accurate, complete, reliable, current, or error-free.
Use of the Lander Service is void where prohibited. By using this Site, you represent and warrant that you have the right, authority, and capacity to enter into this agreement and to abide by all the terms and conditions of these Terms of Service. You must have reached the legal age of majority in your jurisdiction of residence or possess legal parental or guardian consent to register or use the Site. We strongly encourage parents and guardians to supervise the activity of all children under the age of 18 when using the Internet.
4. Registration, My Account Page and Inbox
You are required to register with Lander if you want to have access to the service, Lander may require registration for additional features that may be developed or added to the Lander Service from time to time. In order to register with Lander you must supply a valid email address, which will be used as a unique identifier for your account and a password. You may also be asked to provide certain optional information, including an image, interests and/or other requested information.
You are solely responsible for maintaining the confidentiality of your password and account, and agree not to transfer your email address or password, or lend or otherwise transfer your use of or access to the Lander Service, to any third party. You are also solely responsible for any and all activities that occur under your account. You may change your password, or any other account information, at any time by following instructions available on your My Account Page. You agree to immediately notify us of any unauthorized use of your account or any other breach of security related to your account or the Lander Service, and to ensure that you "log off"/exit from your account (if applicable) at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations. In consideration for using the Lander Service, you agree to: (1) provide certain current, complete, and accurate information about you when prompted to do so by the Lander Service, and (2) maintain and update this information as required to keep it current, complete and accurate. If any information provided by you during your original registration or My Account Page sign-up is inaccurate, Lander reserves the right to terminate your account immediately and your right to use the Lander Service.
5. Intellectual Property Information
© 2011, Common Sense, LLC All rights reserved.
You acknowledge that the Lander Service may contain information, software, photos, video, text, graphics, music, sounds or other material (collectively, "Content") that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. The entire Content, taken together, is protected under U.S. copyright laws as a collective work, and we own a copyright in the selection, coordination, arrangement and enhancement of such Content. Modification of the Content or use of the Content for any other purpose, including use of any such Content on any other web site or networked computer environment is strictly prohibited. Except as otherwise expressly authorized in writing in advance by us, you agree not to reproduce, redistribute, sell, modify, rent, lease, loan, adapt, translate, create derivative works based (whether in whole or in part) on, decompile, reverse engineer, disassemble, or otherwise reduce all or any part of the Site or the Lander Service, including the Content.
The LANDER name and logo are registered trademarks of Common Sense. All other trademarks appearing on the Lander Service are trademarks of their respective owners. Our partners may also have additional proprietary rights in the content which they make available through the Lander Service. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on the Lander Service should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.
6. License to Use and Access the Lander Service
Lander grants you a limited license to access and make personal use of this Site and the Lander Service and not to download (other than page caching) or modify it, or any portion of it, except with Lander’s express written consent. The foregoing license does not include any resale or commercial use of this Site, the Lander Service or its contents; any derivative use of this Site, the Lander Service or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. This Site, the Lander Service or any portion thereof, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purposes without Lander’s express written consent. Lander shall determine use of the Service that constitutes abuse, in its sole discretion. Lander reserves the right to terminate your account if Lander determines you have not complied with these Terms of Service.
7. User’s Materials Submitted Through the Lander Service
You are solely responsible for any data, text, software, sound files, images, photographs, graphics, video, messages, files, links or any other materials ("Materials") that are transmitted, posted, or distributed by you through the Lander Service, including, but not limited to, the contents of your email communications, information, photos or images posted by you to the Site, your My Account Page or related materials. All Materials posted by you, are your sole responsibility. By posting Materials you represent and warrant that you own all right, title and interest to such Materials and any likenesses contained in such Materials.
Lander does not control the Materials posted by users such as yourself via the Lander Service and, as such, does not guarantee the accuracy, integrity or quality of such Materials. By using the Lander Service you understand and agree that you may be exposed to Materials posted by other users that may be offensive, indecent or objectionable. Under no circumstances will Lander be liable in any way for any Materials posted by any user or third party, including, but not limited to, liability for any errors or omissions in any Materials or for any loss or damage of any kind incurred as a result of the use of any Materials posted, emailed or otherwise transmitted via the Lander Service. You agree that if you post any Materials through the Lander Service, you automatically grant to Lander, and its successors and assigns, a non-exclusive, worldwide, royalty-free, perpetual, non-revocable license, in and to the Materials, to use, distribute, display, modify, publish, adapt, redistribute, sublicense and reproduce such Materials to other users of the Lander Service and to third parties with whom Lander has a relationship. You also grant Lander the right to authorize the downloading and printing in whole or in part of any Materials that you post to the Lander Service.
You acknowledge and agree that (a) we reserve the right (but have no obligation) to evaluate the Materials before allowing them to be posted on or through the Lander Service or otherwise stored in connection with the Lander Service; and (b) we may do one or all of the following, at our sole discretion: (i) monitor the submission of Materials; (ii) alter, remove, or refuse to post or allow to be posted or stored any Materials; and/or (iii) disclose any Materials or any communication through the Lander Service, and the circumstances surrounding the transmission thereof, to (a) any third party in order to operate the Lander Service, (b) comply with applicable laws, (c) respond to governmental inquiries or requests, (d) comply with valid legal process, (e) protect the rights, privacy, safety or property of Lander, the Site visitors or the public, (f) permit us to pursue available remedies or limit the damages that we may sustain, and/or (g) enforce these Terms of Service.
Under no circumstances will we, or our employees, officers, directors, shareholders, agents, representatives or affiliates, be liable for any loss or damage caused by your reliance on Materials. The opinions expressed in reviews and user ratings reflect solely the opinions of the individuals who submitted such opinions, and may not reflect our opinions.
In addition, we have no control over, and shall have no liability for, any damages resulting from, the use (including without limitation republication) or misuse by any third party of information voluntarily made public through any part of the Lander Service. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE, YOU DO SO AT YOUR OWN RISK.
We respect the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances, and at our discretion, terminate the accounts of users who infringe the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Please contact our Copyright Agent for Notice of claims of copyright infringement at:
Registered Copyright Agent
Common Sense, LLC
401 E. Houston St.
San Antonio, TX
You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
Your privilege to use the Lander Service depends on your compliance with the "Community Standards and Conduct" guidelines set forth in these Terms of Service. We may revoke your registration privileges and/or take any other appropriate measures to enforce these guidelines if violations are brought to our attention. Further, we may, in our sole discretion, terminate your account or participation in any feature of the Lander Service for any reason.
8. Community Standards and Conduct
You acknowledge that all Materials, whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Materials originated. This means that you are entirely responsible for all Materials that you post, email or otherwise transmit via the Lander Service. We do not control all of the Materials posted via the Lander Service and, as such, do not guarantee the accuracy, integrity or quality of such Materials. You understand that by using the Lander Service, you may be exposed to Materials that are offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any Materials, including, but not limited to, for any inaccuracies, errors or omissions in any Materials, or for any loss or damage of any kind incurred as a result of the use of any Materials posted, emailed or otherwise transmitted via the Lander Service.
You agree not to:
- Post, transmit, or otherwise make available, through or in connection with the Lander Service: Anything that is or may be (a) unlawful, threatening, harassing, degrading, abusive, hateful or intimidating; (b) defamatory; libelous or invasive of another's privacy; (c) fraudulent or tortious; (d) vulgar, obscene, indecent, sexually explicit, pornographic or otherwise objectionable; or (e) protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express prior consent of the owner of such right.
- Any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense, including prostitution; or that encourages or provides instructional information about illegal activities or activities such as "hacking," "cracking," or "phreaking."
- Any virus, worm, Trojan Horse, easter egg, time bomb, spyware, cancelbot, or other computer code, file, or program that is harmful or invasive or that may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
- Any unsolicited or unauthorized advertising, promotional material, "junk mail," "spam," "chain letter," "pyramid scheme", survey, contest, or investment opportunity, or any other form of solicitation, or use any distribution lists including any person who has not given specific permission to be included in such a process (commercial or otherwise).
- Any Materials that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
- Use the Lander Service to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others' privacy rights or rights of publicity, or harvest or collect personally identifiable information, including email addresses, about users of the Lander Service.
- Harm minors in any way.
- Impersonate any person or entity, including without limitation any of our officials, forum leaders, guides or hosts; falsely state or otherwise misrepresent your affiliation with any person or entity; or express or imply that we endorse any statement you make.
- Interfere with or disrupt the operation of the Lander Service or the servers or networks used to make the Lander Service available; or violate any requirements, procedures, policies or regulations of such networks.
- Restrict or inhibit any other person from using the Lander Service, including without limitation by hacking or defacing any portion of the Lander Service; or disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Lander Service or an Interactive Forum are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges.
- Use the Lander Service to distribute or otherwise publish or post any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services without our express prior written consent; or use the Lander Service in a commercial manner.
- Use the Lander Service to distribute or otherwise publish or post any material that is pornographic, obscene, contains hate speech, is racist, promotes or encourages violence, is illegal or promotes illegal behavior, violates anyone’s intellectual property rights, or is otherwise offensive or inappropriate as determined in Lander’s sole discretion.
- Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of or access to the Lander Service.
- Use, download, or otherwise copy, or provide (whether or not for a fee) to a person or entity that is not a user of the Lander Service any directory of Lander’s users or usage information or any portion thereof other than in the context of your use of the Lander Service as permitted under these Terms of Service.
- Attempt to gain unauthorized access to the Lander Service, other accounts, computer systems or networks connected to the Lander Service, through password mining or any other means.
- Remove any copyright, trademark or other proprietary rights notice from the Lander Service or Content or Materials originating from the Lander Service.
- Frame or mirror any part of the Lander Service or Software without our express prior written consent; or forge headers or otherwise manipulate identifiers in order to disguise the origin of any Materials transmitted through the Lander Service.
- Create a database by systematically downloading and storing content from the Lander Service.
- Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law.
- Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way gather Content or Materials from the Lander Service or reproduce or circumvent the navigational structure or presentation of the Lander Service.
- Engage in any other conduct, which, in Lander’s sole discretion, is considered inappropriate, unauthorized or objectionable.
In addition, you agree to comply will all applicable laws, regulations, and ordinances as a condition of use of the Lander Service.
In order to permit us to protect the quality of our products and services, you hereby consent to our employees and representatives being able to access your account and records for any reason, in our sole discretion. We also reserve the right, but do not assume the responsibility, to monitor or review your conduct while using the Lander Service. Your use of the Lander Service is subject to all applicable local, state, national and international laws and regulations.
9. Links to Third Party Sites
The Lander Service may provide, or third parties may provide, links to other Internet websites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, services or other materials (collectively, "Third Party Materials") on or available from such sites or resources. You understand that you may be exposed to Third Party Materials that are offensive, indecent or objectionable. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Third Party Materials available on or through any such site or resource.
10. Your Contact with Advertisers or Third Party Vendors
Third parties other than Lander and its affiliates operate stores, provide services, advertise, or sell products on this Site. In addition, we provide links to the sites of affiliates and certain other third parties. Your dealings with advertisers and third party vendors found on or through the Lander Service, including your participation in promotions, the purchase of goods, and any terms, conditions, warranties or representations associated with such activities, are solely between you and the third party. Lander does not make any representations or warranties with respect to any goods or Websites that may be obtained from such third parties, and you agree that Lander will have no liability for any loss or damage of any kind incurred as a result of any activities you undertake in connection with the use of or reliance on any content, goods, services, information or other materials available, or through such third parties, on our Site or the actions of such third parties. You acknowledge that such external sites usually have their own terms and conditions, including privacy policies, over which Lander has no control and which will govern your rights and obligations with respect to the use of those such third party’s product, services or Websites.
11. Transactions with Organizations or Individuals
Lander shall not be liable for your interactions with any organizations and/or individuals found on or through the Lander Service. This includes, but is not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with such dealings. These dealings are solely between you and such organizations and/or individuals. Lander reserves the right, but has no obligation to become involved in or monitor disputes between you and organizations and/or individuals found on or through the Lander Service.
12. Violation of Terms by Other Users
Lander asks that you participate in ensuring that all users follow the terms and conditions of these Terms of Service by reporting any Schedules or other postings or messages that violate these Terms of Service. To report a violation of this Terms of Service, please email us at support@Lander.com.
13. DISCLAIMERS AND RELEASE FOR SCHEDULES AND OTHER FEATURES
YOUR PARTICIPATION IN ANY SCHEDULE OR OTHER FEATURE OF THE LANDER SITE OR LANDER SERVICE IS AT YOUR SOLE AND EXCLUSIVE RISK. THE CREATOR OF ANY SCHEDULE MAY REFUSE ADMITTANCE, MAY CHARGE AN ADMISSION FEE, OR ASK YOU TO LEAVE A SCHEDULE AT ANY TIME FOR ANY REASON. BY USING LANDER YOU AGREE AND UNDERSTAND THAT IN CONNECTION WITH YOUR PARTICIPATION IN ANY EVENT OR ACTIVITY, YOU MAY BE EXPOSED TO A VARIETY OF HAZARDS AND RISKS, FORESEEN OR UNFORESEEN, WHICH MAY OR MAY NOT BE INHERENT IN THOSE ACTIVITIES AND EVENTS. THESE INHERENT RISKS INCLUDE, BUT ARE NOT LIMITED TO, THE DANGERS OF SERIOUS PERSONAL INJURY, PROPERTY DAMAGE, AND DEATH (INJURIES AND DAMAGES) FROM EXPOSURE TO THE HAZARDS OF PUBLIC OR PRIVATE OUTINGS AND ACTIVITIES. LANDER HAS NOT TRIED TO CONTRADICT OR MINIMIZE YOUR UNDERSTANDING OF THESE RISKS. BY USING LANDER, YOU AGREE AND UNDERSTAND THAT INJURIES AND DAMAGES CAN OCCUR BY NATURAL CAUSES OR BY THE ACTS OF OTHER PERSONS OR THIRD PARITIES, EITHER AS A RESULT OF NEGLIGENCE OR BECAUSE OF OTHER REASONS. YOU ARE PERSONALLY RESPONSIBLE FOR ALL COSTS AND/OR RISKS ASSOCIATED WITH ANY PUBLIC OR PRIVATE EVENT, PARTICIPATION IN ANY FEATURE OR ACTIVITY. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, TO THE FULLEST EXTENT ALLOWED BY LAW, YOU AGREE TO WAIVE AND DISCHARGE ALL CLAIMS, RELEASE LANDER FROM ALL LIABILITY AND INDEMNIFY AND HOLD HARMLESS LANDER, ITS SUBSIDIARIES, AFFILIATES, PARENT COMPANY, OFFICERS, AGENTS, AND OTHER PARTNERS AND EMPLOYEES, FROM ANY AND ALL LIABILITY ON ACCOUNT OF, OR IN ANY WAY RESULTING FROM INJURIES AND DAMAGES IN ANY WAY CONNECTED WITH ANY SCHEDULE, OR OTHER FEATURES OR ACTIVITIES. YOU AGREE AND UNDERSTAND AND INTEND THAT THIS ASSUMPTION OF RISK AND RELEASE IS BINDING UPON YOU AND YOUR HEIRS, EXECUTORS, AGENTS, ADMINISTRATORS AND ASSIGNS, AND INCLUDES ANY MINORS ACCOMPANYING USER AT THE EVENTS.
14. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT YOUR USE OF THE LANDER SERVICE IS AT YOUR SOLE RISK. THE LANDER SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. LANDER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AS TO THE OPERATION OF THE LANDER SERVICE, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED IN THE LANDER SERVICE. LANDER MAKES NO WARRANTY THAT THE LANDER SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE LANDER SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. LANDER MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE LANDER SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE LANDER SERVICE OR THAT DEFECTS IN THE LANDER SERVICE WILL BE CORRECTED. YOU ACKNOWLEDGE THAT LANDER DOES NOT CONTROL CONTENT, INFORMATION, PRODUCTS OR SERVICES OFFERED BY ADVERTISERS, THIRD PARTIES OR OTHER USERS ON OR THROUGH THE LANDER SERVICE, INCLUDING, BUT NOT LIMITED TO, INFORMATION, PRODUCTS, OR SERVICES PROVIDED BY LICENSE TO LANDER FROM THIRD PARTIES OR MATERIALS PROVIDED BY OTHER USERS. LANDER ASSUMES NO RESPONSIBILITY FOR AND MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, USEFULNESS OR DECENCY OF THE LANDER SERVICE, OR CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES (INCLUDING BUT NOT LIMITED TO ADVERTISERS AND USERS) THROUGH THE LANDER SERVICE. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR ATTEMPT TO DOWNLOAD ANY MATERIAL FROM THE LANDER SERVICE. LANDER MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE LANDER SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE LANDER SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LANDER OR THROUGH THE LANDER SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THEREFORE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
15. LIMITATION OF LIABILITY
YOU EXPRESSLY AGREE THAT LANDER SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF LANDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE (I) USE OR THE INABILITY TO USE THE LANDER SERVICE; (II) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (III) ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR CONTENT RECEIVED OR TRANSACTIONS ENTERED INTO WITH LANDER OR A THIRD PARTY THROUGH THE USE OF THE LANDER SERVICE; (IV) INACCURACY OF ANY INFORMATION OBTAINED FROM USE OF THE LANDER SERVICE OR RELIANCE ON SUCH INFORMATION; OR (V) UNAUTHORIZED ACCESS TO YOUR ACCOUNT OR ALTERATION OF YOUR ACCOUNT OR DATA. YOU SPECIFICALLY AGREE THAT LANDER IS NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY UNLAWFUL, HARASSING, DEFAMATORY, ABUSIVE, THREATENING, HARMFUL, VULGAR, OBSCENE, SEXUALLY EXPLICIT OR OTHERWISE OBJECTIONABLE CONDUCT OR SPEECH OF ANY OTHER PARTY ON OR THROUGH THE LANDER SERVICE, OR FOR ANY INFRINGEMENT OR VIOLATION OF YOUR RIGHTS BY ANY OTHER PARTY, INCLUDING, BUT NOT LIMITED TO, INTELLECTUAL PROPERTY RIGHTS, RIGHTS OF PUBLICITY, OR RIGHTS OF PRIVACY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO USER.
You agree to indemnify, defend and hold harmless Lander, its parent company, subsidiaries, affiliates, officers, directors, employees, consultants, agents, successors and assigns from any and all third party claims, liability, damages, costs or demands, including, but not limited to, attorneys' fees, arising from (i) your use of the Site and/or the Lander Service, including, but not limited to, all content therein and any products or services obtained by you through the Site and/or the Lander Service, (ii) the violation of these Terms of Service by you, (iii) the infringement by you (or other user of the Lander Service using your account) of any intellectual property or other right of any person or entity; or (iv) your violation of any applicable law or regulation.
17. Termination and Modification of the Lander Service
You agree that we, in our sole discretion, may terminate your password, account (or any part thereof) or use of the Lander Service, and remove and discard any Materials within the Lander Service, for any reason, including, without limitation, for lack of use, or if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. We will also terminate your account upon receiving reliable information involving your violation of any law, and will cooperate with law enforcement agencies on such matters. We may also, in our sole discretion and at any time, discontinue providing the Lander Service, or any part thereof, with or without notice. You agree that any termination of your access to the Lander Service under any provision of these Terms of Service may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account, and/or bar any further access to such files or the Lander Service. Further, you agree that we shall not be liable to you or any third party for any termination of your access to the Lander Service.
We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: (a) modify or discontinue the Lander Service, including, but not limited to (i) restricting the time the Lander Service are available, (ii) restricting the amount of use of the Lander Service permitted, and (iii) restricting or terminating any user's right to use the Lander Service, with or without notice; (b) charge fees in connection with the use of the Lander Service; (c) modify and/or waive any fees charged in connection with the Lander Service; and/or (d) offer opportunities to some or all users of the Lander Service. You agree that neither we nor any of our affiliates, shall be liable to you or to any third party for any modification, suspension or discontinuance of the Lander Service, in whole or in part, or of any service, content or feature offered through the Lander Service.
18. Jurisdictional Issues
The Site is controlled and operated by Common Sense from the United States, and is not intended to subject Lander to the laws or jurisdiction of any territory other than that of the United States. Lander does not represent or warrant that the Lander Service or any part thereof is appropriate or available for use in any particular jurisdiction. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. We may limit the Site's availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
Lander may give notice to you by email, a posting on the Site, or other reasonable means. You must give notice to Lander in writing to:
Common Sense, LLC,
Attention: Customer Service
401 E. Houston ST.
San Antonio, TX 78205
20. Governing Law and Other Miscellaneous Terms
These Terms of Service do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Lander. These Terms of Service shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms of Service shall be filed only in the state or federal courts located in Bexar County in the State of Texas and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action and you waive any jurisdictional, venue or inconvenient forum objections to such courts. You agree that any claim or cause of action arising out of your use of the Lander Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or it shall forever be barred, notwithstanding any status of limitations or other law to the contrary. Within this period, any failure by Lander to enforce or exercise any provisions of these Terms of Service or related right shall not constitute a waiver of that right or provision. If any provision of these Terms of Service shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. Lander may assign these Terms of Service, in whole or in part, at any time with or without notice to you. You may not assign, transfer or sublicense these Terms of Service or any or all of your rights or obligations under these Terms of Service without Lander's express prior written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. This is the entire agreement between you and Lander relating to the subject matter herein and may not be modified by you. These Terms of Service will inure to the benefit of Lander’s successors, assigns and licensees. Without limitation, you agree that a printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.