| |
TERMS OF SERVICE (TOS)
Your use of this site is expressly conditioned on your acceptance of the following terms and conditions. By using this site, you signify your assent to these terms and conditions. If you do not agree with any part of the following terms and conditions, you must not use this site.
Limited permission to view using a browser and to cache granted.
All images, web site design elements, text, graphics, logos, buttons, icons, other content, the presentation, selection and arrangement thereof, and all software Copyright © 2011, LandPie, LLC.
ALL RIGHTS RESERVED.
1. OWNERSHIP - This site, and each of its components, is the copyrighted property of LandPie, LLC and/or its various third party providers and distributors. Portions of the content found on this site may be owned by third party providers and distributors and is the copyrighted work of the respective third party providers. None of the content or data found on this site may be reproduced, republished, distributed, sold, transferred, or modified without the express written permission of LandPie, LLC and/or its third party providers and distributors. In addition, the trademarks, logos and service marks displayed on this site (collectively, the "Trademarks") are registered and common law Trademarks of LandPie, LLC, their affiliates, and various third parties. Nothing contained on this site should be construed as granting by implication, estoppels, or otherwise, any license or right to use any of the Trademarks without the written permission of LandPie, LLC or such other party that may own the Trademarks.
2. USE OF SITE - You may only use this site to browse the content, make inquiries to LandPie, LLC, place an order for LandPie, LLC product(s) and not for any other purposes. This site and the content provided in this site may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of LandPie, LLC. Unauthorized use of this site and/or the materials contained on this site may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials. The use of such materials on any other web site or in any environment of networked computers is prohibited. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.
3. AGE AND RESPONSIBILITY - You represent that you are of sufficient legal age to use this site and to create binding legal obligations for any liability you may incur as a result of the use of this site. You understand that you are financially responsible for all uses of this site by you and those using your login information.
4. PRIVACY - You have read the LandPie, LLC Privacy Policy, the terms of which are incorporated herein, and agree that the terms of such policy are reasonable. You consent to the use of any information submitted to LandPie, LLC, it's employees, directors, shareholders, agents and/or its third party providers and distributors in accordance with the terms of and for the purposes set forth in the LandPie, LLC Privacy Policy.
5. EXCLUSION OF WARRANTY - LANDPIE, LLC AND ANY THIRD PARTY PROVIDERS AND DISTRIBUTORS MAKE NO WARRANTY OF ANY KIND REGARDING THIS SITE AND/OR ANY MATERIALS PROVIDED ON THIS SITE, ALL OF WHICH ARE PROVIDED ON AN "AS IS" BASIS. LANDPIE, LLC AND ANY THIRD PARTY PROVIDERS AND DISTRIBUTORS DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS SITE AND SUCH PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.
6. LIMITATION OF LIABILITY - LANDPIE, LLC ASSUMES NO RESPONSIBILITY, AND ITS PROVIDERS OR DISTRIBUTORS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY.
7. INDEMNIFICATION - You shall defend and indemnify LandPie, LLC and any third party providers and distributors and their respective shareholders, directors, officers, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, brought third parties as a result of your use of this site.
8. SUBMISSIONS - "Submissions" means all comments, feedback, suggestions, photos, e-mail and similar information or materials that you submit to LandPie, LLC regarding the services of LandPie, LLC. Although you otherwise retain all rights to any User Content you submit, you acknowledge and agree that any questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, regarding the Site, LandPie, LLC or LandPie, LLC's products or services that are provided by you in the form of email or other submissions to LandPie, or any postings on the Site, are non-confidential and shall become the sole property of LandPie. LandPie shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
9. RELATIONSHIP - Your use of this site is independent of LandPie, LLC and not as an employee, agent, partner, or joint venture with LandPie, LLC for any purpose.
10. GOVERNING LAW - This Agreement and its performance shall be governed by the laws of the State of Arizona, United States of America, without regard to its conflict of law’s provisions. You consent and submit to the exclusive jurisdiction of the state and federal courts located in Maricopa County, the State of Arizona, United States of America, in all questions and controversies arising out of your use of this site and this Agreement.
11. ASSIGNMENT - You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.
12. MODIFICATION - LandPie, LLC may at any time modify these terms and conditions and your continued use of this site will be conditioned upon the terms and conditions in force at the time of your use.
13. ADDITIONAL TERMS - Additional terms and conditions may apply to reservations, purchases of goods and services and other uses of portions of this site, and you agree to abide by such other terms and conditions.
14. SEVERABILITY- These terms and conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
15. FEES & PAYMENTS - Some of the LandPie.com services require payment of fees as onetime payments or monthly subscriptions. Subscriber shall pay all applicable fees, as described on the Site in connection with such Services selected by Subscriber. LandPie, LLC reserves the right to change its price list and to institute new charges at any time. If Subscriber is past due on any payment to LandPie, LLC in connection with the Services, LandPie, LLC reserves the right to suspend Subscriber's account until all outstanding payments have been made. SUBSCRIBER SHALL NOT RECEIVE A REFUND OR CREDIT FOR EARLY CANCELLATION, PARTIAL MONTHS OR FAILURE TO LIST PROPERTIES OR ADVERTISE AFTER PURCHASING.
16. Credit Cards - We accept Visa, Master Card, Discover, and American Express. Your Credit Card information is secure. Our secure servers keep your data safe. We use the industry-standard secure software technology, Secure Sockets Layer (SSL), to ensure that the information you enter on your online order is transmitted securely from your web browser to our facilities. The SSL software encrypts your order information to prevent the decoding and misuse of your information by unauthorized individuals. Credit card information is removed upon completion of the online credit card approval process. Credit card information is NOT kept on our internet servers.
17. HEADINGS - The heading used in these Terms and Conditions are included by convenience only and will not limit or otherwise affect these Terms and Conditions.
18. CONFIDENTIALITY - Subscriber agrees not to disclose Company Confidential Information without LandPie, LLC's prior written consent. "Company Confidential Information" includes without limitation: (i) all Company software, technology, programming, technical specifications, materials, guidelines and documentation Subscriber learns, develops or obtains that relate to the Services or the Site; (ii) statistics relating to Site performance in the Services provided to Subscriber by Company; and (iii) any other information designated in writing by Company as "confidential" or any designation to the same effect. "Company Confidential Information" does not include information that has become publicly known through no breach by Subscriber or Company, or information that has been (a) independently developed without access to Company Confidential Information as evidenced in writing; (b) rightfully received by Subscriber from a third party; or (c) required to be disclosed by law or by a governmental authority.
19. ENTIRE AGREEMENT - These terms and conditions, together with those incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this site.
20. FRAMING or MIRRORING - Framing or mirroring any page or any information located on the Site is strictly forbidden.
21. PRICES DISCLAIMER - Prices on shopping items are accurate as of the date/time indicated. Prices and product availability are subject to change. Any price displayed on the LandPie.com at the time of purchase will govern the sale of this product.
22. TERMINATION - Either party may terminate the Services at any time by notifying the other party by any means. Company may also terminate or suspend any and all Services and access to the Site immediately, without prior notice or liability, if Subscriber breaches any of the terms or conditions of this Agreement. Any fees paid hereunder are non-refundable and non-cancelable. Upon termination of the Subscriber's account, Subscriber's right to use the Services will immediately cease. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, warranty disclaimers, and limitations of liability.
23. QUESTIONS & CONTACT INFORMATION
Questions or comments about the website may be directed to LandPie at the email address info@LandPie.com or by calling us at (855) 526-3743. |
 |