Terms Of Use

Terms of Use Agreement LANDSCAPEPLAN.COM TERMS AND CONDITIONS Welcome to https://www.landscapeplan.com/ (“LandscapePlan.com”). We provide this Internet site and related services (the “Services”) to you (“you” or the “User”) at our Web site (“Site”) found at http://www.landscapeplan.com/, subject to the following Terms of Use. This is an agreement/contract formed between you and LansdcapePlan.com, LLC, for the use of LandscapePlan.com Services. Unless expressly stated otherwise, these Terms of Use shall apply to any use of the LandscapePlan.com Site, the Services, and any service, application, component, functionality, plug-in or program created or made available by LandscapePlan.com. By visiting LandscapePlan.com you represent and warrant that you have read, understand, have the legal capacity to, and hereby agree to be legally bound by these Terms of Use. Your initial and continued use of the Site evidences your agreement.

1. MODIFICATIONS TO THIS AGREEMENT. We reserve the right, at our sole discretion, to change or modify these Terms of Use at any time. You can find the most recent version of these Terms of Use at https://www.landscapeplan.com/home/terms. All modifications shall become effective immediately upon the posting thereof. All users must review this agreement on a regular basis. If you do not agree to the revised Terms of Use, your sole recourse is to immediately stop all use of the Services. Your continued use of the Services following the posting of modifications will constitute your acceptance of the revised Terms of Use. Should you have any questions regarding the use of our site, please contact us at: support@landscapeplan.com.

2. YOUR REGISTRATION OBLIGATIONS. We provide the Services for your personal use. We make no claims of accuracy regarding any information found on the Site. To become a member and use the Services and Information found on LandscapePlan.com, you will be required to register with LandscapePlan.com by completing a registration form and designating a username and password. When registering with LandscapePlan.com you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof). You may not authorize any third party to access or use the Services on your behalf. You are responsible for maintaining the confidentiality of the username and password, and are fully responsible for all activities that occur under your username or password. You agree to immediately notify LandscapePlan.com of any unauthorized use of your username or password or any other breach of security. LandscapePlan.com cannot and will not be liable for any loss or damage arising from any unauthorized use of your account.

3. CONSENT TO ELECTRONIC COMMUNICATIONS AND SOLICITATION. By registering with LandscapePlan.com, you understand that we may send you communications or data from LandscapePlan.com regarding the Services via electronic mail and cell phone text messages.

4. USER CONDUCT POLICY. You may not use the Services in any way that violates applicable federal, state, or international law, or for any unlawful purpose. You may not use the Services to send, receive, or download messages or materials that are inappropriate or violate the intellectual property rights of LandscapePlan.com or others. To the extent that the Services provide Users an opportunity to post, store and exchange information, materials, data, files, programs, photographs, concepts, communications, footage, ideas and opinions (“User Content”), you agree to and hereby do grant, and you represent and warrant that you have the right to grant, LandscapePlan.com, its contractors, and the users of LandscapePlan.com an irrevocable, perpetual, non-exclusive, royalty-free, fully sub-licensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such content and to prepare derivative works of, or incorporate into other works, such content, including a User’s likeness. This license does not grant LandscapePlan.com general rights to sell User Content or otherwise distribute it outside of LandscapePlan.com Services. LandscapePlan.com does not claim any ownership rights in any User Content; all users uploading images continue to retain all ownership rights in such User Content. LandscapePlan.com shall have the right, but not the obligation, to reject, refuse to post, or otherwise monitor all content displayed by users, and may remove or require users to remove all content that LandscapePlan.com, in its sole discretion, deems to be (a) inconsistent with LandscapePlan.com’s strategic mission and vision (including but not limited to content that contains undesirable images of or links or references to pornography, profanity, violence or prejudicial content) and/or these Terms of Use; or (b) possibly in violation of applicable law. In addition, LandscapePlan.com has the right to remove any content if LandscapePlan.com has reason to believe that displaying such content may infringe the rights of a third party. Please notify us at support@landscapeplan.com of any content that you believe might violate applicable law or your intellectual property rights or contain undesirable images of or links or references to pornography, profanity, violence, prejudicial content, or content that is obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable. LandscapePlan.com reserves the right, in its sole discretion, to determine whether and what action to take in response to each such notification, and any action or inaction in a particular instance shall not dictate or limit LandscapePlan.com response to a future complaint. You acknowledge and agree that LandscapePlan.com shall not assume or have any liability for any action or inaction by LandscapePlan.com with respect to any User Content. Users shall remain solely responsible for User Content, and any material or information transmitted to other Users for interaction with other Users.

5. INTELLECTUAL PROPERTY RIGHTS AND NOTICES. All contents of the LandscapePlan.com Site and Services including but not limited to design, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement (“Content”) are: Copyright © 2017 LandscapePlan.com, LLC and/or the proprietary property of LandscapePlan.com, LLC’s contractors, suppliers, affiliates, or licensors. Content may not be reproduced, modified, derivative works created from, displayed, performed, published, distributed, disseminated, broadcasted or circulated to any third party (including, without limitation, the display and distribution of the material via a third party Web sites or other networked computer environment) without the express prior written consent of LandscapePlan.com and/or it contractors, suppliers, affiliates, or licensors. All rights reserved. LandscapePlan.com, the LandscapePlan.com logo, and LandscapePlan.com, LLC, are including without limitation, either trademarks, service marks or registered trademarks of LandscapePlan.com, LLC, and may not be copied, imitated, or used, in whole or in part, without LandscapePlan.com, LLC’s prior written permission or that of our advertisers, suppliers or licensors. Other product and company names may be trade or service marks of their respective owners. Any rights not expressly granted herein are reserved.

6. NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT. LandscapePlan.com, LLC respects copyright law and expects Users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide LandscapePlan.com’s Agent for Notice of claims of copyright or other intellectual property infringement (“Agent”) the written information specified below: (1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) A description of the copyrighted work that you claim has been infringed upon; (3) A description of where the material that you claim is infringing is located on the Web site; (4) Your address, telephone number, and e-mail address; (5) 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; (6) 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. LandscapePlan.com's Agent can be reached at: Attn: LandscapePlan.com Copyright Agent LandscapePlan.com, LLC 4025 Cattlemen Road, #180 Sarasota, FL 34233 E-mail: support@landscapeplan.com

7. THIRD PARTY CONTENT, SITES AND SERVICES. The Services provide access to User Content and contain features and functionalities that may link you or provide you with certain functionality and access to other third party content, including Web sites, directories, servers, networks, systems, information and databases, applications, software, programs, independent contractors and their products or services, and the Internet as a whole. We may also provide some content to you as part of the Services. We are not responsible for any User Content or other third party content you access with the Services, and you irrevocably waive any claim against us with respect to such sites and User Content or other third party content. You should make whatever investigation you feel necessary or appropriate before relying on any User Content or information provided on the LandscapePlan.com site by any LandscapePlan.com Party and before proceeding with any online or offline transaction with any of these third parties. You are solely responsible for your use of any User Content or information provided on the site LandscapePlan.com by any LandscapePlan.com Party and for your dealings with any third party related to the Services, including the delivery of and payment for goods and services.

8. PRIVACY. You acknowledge and agree that LandscapePlan.com may disclose your personal information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with legal process, to enforce these Terms of Use, or, in its sole discretion, to protect the rights, property, or personal safety of LandscapePlan.com, its employees, users and third parties, and the public.

9. LandscapePlan.com MAKES NO WARRANTIES. LandscapePlan.com intends for the information contained on its Site and Services to be accurate and reliable; however, errors sometimes may occur. In addition, LandscapePlan.com may make changes and improvements to the information provided herein at any time. All drawings, images, quantity estimates, and construction details are for illustrative purposes only and are not to be used as actual construction documents. All elements shown on the landscape design plan as well as items discussed verbally relating to the landscape design plan must be independently verified by the homeowner and/or contractor prior to the commencement of any land disturbance. It is the responsibility of the homeowner to obtain all permits and adhere to all applicable regulations. All drawings, designs, and work products are the sole property of LandscapePlan.com, LLC, an are not a “work for hite” within the meaning of the U.S Copyright Act. LANDSCAPEPLAN.COM, LLC PROVIDES ITS SITE AND SERVICES “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE,” AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LANDSCAPEPLAN.COM, AFFILIATES, RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND/OR CONTRACTORS (EACH, A “LANDSCAPEPLAN.COM PARTY,” AND COLLECTIVELY, THE “LANDSCAPEPLAN.COM PARTIES”) MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE LANDSCAPEPLAN.COM PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE WEB SITES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS CONTRACT.

10. LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY. IN NO EVENT WILL ANY LANDSCAPEPLAN.COM PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS CONTRACT, YOUR USE OF THE SOFTWARE, SERVICE, PLANS, DRAWINGS, OR YOUR RELIANCE ON ANY INFORMATION ON THE LANDSCAPEPLAN.COM SITE PROVIDED BY ANY LANDSCAPEPLAN.COM PARTY, USER OR OTHER THIRD PARTY, EVEN IF SUCH LANDSCAPEPLAN.COM PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGE IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH THE SERVICE, YOU DO NOT AGREE WITH ANY PART OF THIS CONTRACT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY LANDSCAPEPLAN.COM PARTY WITH RESPECT TO THIS CONTRACT OR THE SERVICE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.

11. CHANGES TO THE SERVICE; ADDITIONAL LIABILITY LIMITATION. WE MAY CHANGE THE DRAWINGS, SOFTWARE, AND SERVICE OR DELETE FEATURES AT ANYTIME AND FOR ANY REASON. WITHOUT LIMITING THE GENERAL NATURE OF THIS AGREEMENT, THE LANDSCAPEPLAN.COM PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, LANDSCAPEPLAN.COM IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE SOFTWARE AND SERVICES, (2) ANY INCOMPATIBILITY BETWEEN THE SOFTWARE AND SERVICES AND OTHER WEB SITES, SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE SOFTWARE AND SERVICES IN AN ACCURATE OR TIMELY MANNER, OR (4) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SOFTWARE AND SERVICES AVAILABLE FROM LANDSCAPEPLAN.COM OR ITS CONTRACTORS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

12. INDEMNIFICATION. You agree to indemnify, defend and hold harmless, LandscapePlan.com, LLC, its contractors, affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers, to and from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Use by you. LandscapePlan.com reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with LandscapePlan.com in asserting any available defenses.

13. TERMINATION OF SERVICE. We may terminate or suspend your access to the Services at any time, in our sole discretion, without cause and/or without notice. Upon termination, your right to use the Services stops immediately. ONCE THE SERVICES ARE CANCELLED OR SUSPENDED, ANY DATA YOU HAVE STORED ON LANDSCAPEPLAN.COM’S SYSTEMS MAY NOT BE RETRIEVED LATER.

14. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES. These Terms of Use shall be governed by and construed in accordance with the laws of the State of Florida, excluding its conflicts-of-law principles. Please note that your use of the Services may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with LandscapePlan.com or relating in any way to your use of the Services resides in the courts of Florida and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Florida in connection with any such dispute including any claim involving LandscapePlan.com, LLC or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.

15. NOTICES TO LANDSCAPEPLAN.COM, LLC. You may notify us by e-mail at support@landscapeplan.com or by postal mail at: LandscapePlan.com, 4025 Cattlemen Road, #180 Sarasota, FL 34233

16. OTHER TERMS. If any part of these Terms of Use are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.

17. MISCELLANEOUS. LandscapePlan.com, LLC may assign this contract, in whole or in part, at any time with or without notice to you. You may not assign this contract, or any part of it, to any other party. Any attempt by you to do so is void. ANY CLAIM RELATED TO THIS CONTRACT OR THE SOFTWARE AND SERVICE MUST BE BROUGHT WITHIN ONE YEAR. THE ONE-YEAR PERIOD BEGINS ON THE DATE WHEN THE CLAIM FIRST COULD BE FILED. IF IT IS NOT, THEN THAT CLAIM IS PERMANENTLY BARRED. THIS APPLIES TO YOU AND YOUR SUCCESSORS. IT ALSO APPLIES TO US AND OUR SUCCESSORS. THE FAILURE OF LANDSCAPEPLAN.COM, LLC TO EXERCISE OR ENFORCE ANY RIGHT OR PROVISION OF THE TERMS OF USE SHALL NOT CONSTITUTE A WAIVER OF SUCH A RIGHT OR PROVISION.