Land Lease Exchange Website Terms and Conditions of Use
Last Updated December 14, 2016
These Terms and Conditions of Use (“Terms”) are entered into by and between you and Land Lease Exchange, LLC (“Land Lease Exchange”). In consideration of your use of and access to this Internet site (www.landleaseexchange.com) and other websites, services and apps on which these Terms are posted or expressly referenced (collectively, the “Land Lease Exchange Sites”), and the promises and obligations herein, and intending to be legally bound, you and Land Lease Exchange hereby agree as follows:
THE LAND LEASE EXCHANGE SITES COMPRISE OF AN ONLINE PLATFORM THROUGH WHICH LANDOWNERS MAY CREATE LISTINGS FOR LAND OR PROPERTIES FOR LEASE (“LISTING”) AND LESSEE MEMBERS MAY LEARN ABOUT LAND OR PROPERTIES FOR LEASE AND DIRECTLY CONTACT LANDOWNERS SEPARATELY, OUTSIDE OF THE LAND LEASE EXCHANGE SITES, TO ARRANGE FOR THE LEASE OF LAND. YOU UNDERSTAND AND AGREE THAT LAND LEASE EXCHANGE IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN LESSEE MEMBERS AND LANDOWNERS, NOR IS LAND LEASE EXCHANGE A REAL ESTATE BROKER, AGENT OR INSURER. LAND LEASE EXCHANGE HAS NO CONTROL OVER THE CONDUCT OF LESSEE MEMBERS, GUESTS AND OTHER USERS OF THE LAND LEASE EXCHANGE SITES, OR ANY LAND OR PROPERTIES FOR LEASE, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW. THE FOREGOING DISCLAIMER PROVISION MAY NOT APPLY TO CONSUMERS WITHIN THE STATE OF NEW JERSEY OR IN OTHER JURISDICTIONS WHERE PROHIBITED BY LAW.
IF YOU, AS A LANDOWNER, CHOOSE TO CREATE A LISTING ON LAND LEASE EXCHANGE, YOU UNDERSTAND AND AGREE THAT YOUR RELATIONSHIP WITH LAND LEASE EXCHANGE IS LIMITED TO BEING A MEMBER AND AN INDEPENDENT, THIRD-PARTY CONTRACTOR, AND NOT AN EMPLOYEE, AGENT, JOINT VENTURER OR PARTNER OF LAND LEASE EXCHANGE FOR ANY REASON, AND YOU ACT EXCLUSIVELY ON YOUR OWN BEHALF AND FOR YOUR OWN BENEFIT, AND NOT ON BEHALF OF OR FOR THE BENEFIT OF LAND LEASE EXCHANGE. LAND LEASE EXCHANGE DOES NOT CONTROL, AND HAS NO RIGHT TO CONTROL, YOUR LISTING, YOUR OFFLINE ACTIVITIES ASSOCIATED WITH YOUR LISTING, OR ANY OTHER MATTERS RELATED TO ANY LISTING, THAT YOU PROVIDE. AS A MEMBER YOU AGREE NOT TO DO ANYTHING TO CREATE A FALSE IMPRESSION THAT YOU ARE ENDORSED BY, PARTNERING WITH, OR ACTING ON BEHALF OF OR FOR THE BENEFIT OF LAND LEASE EXCHANGE, INCLUDING BY INAPPROPRIATELY USING ANY LAND LEASE EXCHANGE INTELLECTUAL PROPERTY.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE LAND LEASE EXCHANGE SITES, OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE LAND LEASE EXCHANGE SITES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND RECEIVE OUR SERVICES. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE LAND LEASE EXCHANGE SITES. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
- Changes in Terms
Land Lease Exchange shall have the right at any time and, at its sole discretion, to revise these Terms or to impose new terms and conditions with respect to access to or use of the Land Lease Exchange Sites. Such revisions and additions shall be effective immediately upon notice thereof, which may be given by posting the revised or additional terms and conditions on the Land Lease Exchange Sites. Your continued use of the site after receiving notice such changes shall constitute your consent to such changes.
These Terms are effective until terminated by Land Lease Exchange. Land Lease Exchange may terminate these Terms without notice and at any time in connection with any of the Land Lease Exchange Sites. In the event of termination, you are no longer authorized to access those Land Lease Exchange Sites. The restrictions imposed on you with respect to the Content (defined below), and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms shall survive termination.
Land Lease Exchange shall also have the right without notice, for any reason and at any time to terminate some or all of the Land Lease Exchange Sites or any feature or portion thereof, or any products or services offered through them (the “Land Lease Exchange Services”), or to terminate any individual’s right to access or use of the Land Lease Exchange Sites or any feature or portion thereof.
- Intended Users
The Land Lease Exchange Sites are not intended for or directed at users under the age of 18 years of age. The Land Lease Exchange Sites are not designed for use by individuals under the age of 18 years. No child under the age of 18 is permitted to register, create a member profile, or otherwise participate in the Land Lease Exchange Sites. Numerous informational and commercial resources (such as computer hardware, software or filtering services) are available to help parents keep their children safe online. If you are interested in learning more about these resources, information is available at many sites providing information on such protections. We do not specifically sponsor or endorse any of these sites or their services.
- Use of Site
While using the Land Lease Exchange Sites, you agree that you will not:
- Use the Land Lease Exchange Sites to discriminate against anyone based on their age (except for users under the age of 18), sex, race, ethnicity, religious affiliation, national origin, physical or mental disability, or veteran status;
- Upload, send, or otherwise transmit any content or information that is unlawful, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes on Land Lease Exchange’s or any third party’s intellectual property or other rights;
- Use the Land Lease Exchange Sites in connection with contests, pyramid schemes, chain letters, junk email, spamming, or any duplicative or unsolicited messages (commercial or otherwise);
- Create a false identity for the purpose of misleading others;
- Upload, send or otherwise transmit any information or software that contains a virus, worm, Trojan horse, or other harmful or disruptive component;
- Use the Land Lease Exchange Sites for any unlawful purpose;
- Modify, adapt, frame, reverse engineer, decompile or disassemble any portion of the Land Lease Exchange Sites; or
- Use any spider, robot, crawler, or other automated or manual means to retrieve, index, “scrape”, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of Land Lease Exchange Sites or their contents.
In order to use certain Land Lease Exchange Services (for example, to list a piece of land for lease) you may need to become a registered user of the Land Lease Exchange Sites. You agree that Land Lease Exchange user names are the property of Land Lease Exchange, and we reserve the right, in our sole discretion, to change, remove or replace any user name for any reason. We may refuse to grant you, and you may not use, a Land Lease Exchange user name that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion.
If you elect to register to use the Land Lease Exchange Services and/or utilize the Land Lease Exchange Sites, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Land Lease Exchange registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it accurate. If you provide any information that is untrue, inaccurate, or incomplete, or Land Lease Exchange has reasonable grounds to suspect that such is the case, Land Lease Exchange has the right to suspend or terminate your account and refuse any and all current or future use of the Land Lease Exchange Sites and/or Land Lease Exchange Services (or any portion thereof).
In addition to any other Registration Data, to register with Land Lease Exchange, you may be required to choose a password and an account name. You are solely responsible for maintaining the confidentiality of any password you may use to access the Land Lease Exchange Services, and agree not to transfer your user name or password, or lend or otherwise transfer your use of or access to the Land Lease Exchange Services, to any third party. You are fully responsible for all activity that occurs in connection with your user name or password. You agree to immediately notify us of any unauthorized use of your user name or password or any other breach of security related to your account or the Land Lease Exchange Services, 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.
- User Generated Content
The Land Lease Exchange Sites allow Landowners to post information and other material about their properties for lease, and enables Lessee Members to communicate with landowners and post reviews of Landowner properties (“Lessee Ratings”) and other material (collectively referred to herein as “User Generated Content”). The Land Lease Exchange Sites allow both Lessee Members and Landowners to create and post their own User Generated Content on the Land Lease Exchange Sites.
You may only use the Land Lease Exchange Sites for lawful purposes in accordance with these Website Terms of Service. If you are using our services, and post, publish or communicate any User Generated Content on or through the Land Lease Exchange Sites, please choose carefully the information that you post and/or provide to other members. You may not post on or transmit through the Land Lease Exchange Sites any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including any material that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, rule or regulation of the local laws applicable to you or applicable in the country in which the material is posted. We reserve the right, in our sole discretion, to reject, refuse to post or remove any posting or other User Generated Content (including private messages) from you, or to deny, restrict, suspend or terminate access to all or any part of the Land Lease Exchange services at any time, for any or no reason, without prior notice or explanation and without liability.
We reserve the right, in our sole discretion, to remove your member profile and/or deny, restrict, suspend or terminate your access to all or any part of the Land Lease Exchange Sites and services for any reason.
If you become aware of misuse of the Land Lease Exchange Sites or services, including any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, material that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violates any applicable law, please contact us by email or postal mail at:
Email: [email protected]
Mailing address: 3333 S. Orange Ave., Suite 200, Orlando, FL 32806
Notwithstanding the foregoing and to the maximum extent permitted by applicable local law, we assume no liability for any User Generated Content posted – including Lessee Ratings and Landowner Responses – that is stored or uploaded by you or any third party, or for any loss or damage thereto, nor are we liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter on the Land Lease Exchange Sites. As a provider of interactive services, we are not liable for any statements, representations or User Generated Content provided by our users in any public forum on the Land Lease Exchange Sites. We assume no responsibility or for the ongoing monitoring of the Land Lease Exchange Sites or for removal or editing of any User Generated Content, even after receiving notice. We assume no liability for any action or inaction with respect to conduct, communication or User Generated Content within the Interactive Community. You are solely responsible for all activities that occur within the Land Lease Exchange Sites.
You may not post User Generated Content that: (i) involves the transmission of “junk mail”, “chain letters” or unsolicited mass mailing, instant messaging, “spimming” or “spamming”; (ii) contains restricted or password-only access pages or hidden pages or images (those not linked to or from another accessible page); (iii) solicits passwords or personal identifying information for commercial or unlawful purposes from other members; (iv) involves commercial activities and/or sales such as contests, sweepstakes, barter, advertising or pyramid schemes; (v) includes a photograph or video of another person that you have posted without that person’s consent; (vi) circumvents or modifies, or attempts to circumvent or modify, or encourages or assists any other person in circumventing or modifying any security technology or software that is part of the Land Lease Exchange Sites; (vii) involves the use of viruses, bots, worms or any other computer code, files or programs that may interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise may permit the unauthorized use of or access to a computer or a computer network; (xiii) involves any automated use of the Land Lease Exchange Sites, such as using scripts to add friends or send comments or messages; (ix) interferes with, disrupts or creates an undue burden on the Land Lease Exchange Sites or the networks or services connected to the Land Lease Exchange Sites; (x) impersonates or attempts to impersonate another Land Lease Exchange member, person or entity; (xi) uses the account, Username or password of another Land Lease Exchange member at any time or discloses your password to any third party or permits any third party to access your account; (xii) sells or otherwise transfers your profile; or (xii) uses any information obtained from the Land Lease Exchange Sites in order to harass, abuse or harm another person or entity, or attempts to do the same.
Land Lease Exchange members may upload to or otherwise submit to us for distribution on the Land Lease Exchange Sites: (i) User Generated Content that is not subject to any copyright or other proprietary rights restrictions; or (ii) User Generated Content which the owner or licensor of any relevant rights has given express authorization for us to distribute over the Internet. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. Any copyrighted or other proprietary User Generated Content distributed with the consent of a copyright owner should contain a phrase such as “Copyright, owned by [name of owner]; used by permission.” We are entitled to presume that all User Generated Content conforms to the foregoing requirements. The unauthorized submission of copyrighted or other proprietary User Generated Content is illegal and could subject the User to personal liability for damages in a civil suit as well as criminal prosecution. Land Lease Exchange members assume all liability for any damage resulting from any infringement of copyright or proprietary rights, or for any other harm arising from an unauthorized submission or submission of User Generated Content. We assume no liability for any damage resulting from any infringement of copyright or proprietary rights, or from any other harm arising from any User Generated Content. By submitting User Generated Content within the Land Lease Exchange Sites, you automatically grant us, or represent and warrant that the owner or authorized licensor of such User Generated Content has expressly granted us, for the full period of copyright (and any renewals and extensions thereof), (and to the maximum extent permitted by applicable local law), a perpetual, royalty-free and irrevocable right and license to use, reproduce, publish, translate, sub-license, copy, modify, delete, enhance and distribute the User Generated Content in whole or in part worldwide and/or to incorporate such User Generated Content in other works in any form, media or technology now known or hereafter developed, together with a full waiver of all moral rights therein (to the maximum extent permitted by applicable law). Subject to this grant, you, as owner or authorized licensor (as applicable) of the User Generated Content submitted to us, retain any and all rights which may exist for such User Generated Content.
Where we decide in our sole discretion to terminate or suspend your account or your access to all or part of the Land Lease Exchange Sites, we may decide, in our sole discretion, to remove any User Generated Content you have submitted to the Land Lease Exchange Sites. To the maximum extent permitted by applicable local law, all our liability (as well as the liability of our directors, employees or other representatives) for any loss whatsoever arising from our removing or editing the User Generated Content is excluded.
Notice and Take Down Procedure For Claims of Infringement. If you believe in good faith that materials contained on the Land Lease Exchange Sites, including User Generated Content, infringe your rights (for example, your copyright), you (or your agent or representative) may send us a notice requesting that the material be removed or access to it blocked. The notice must include the following information (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the work claimed to have been infringed (or if multiple works are covered by a single notification, a representative list of such works); (iii) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to enable us to locate the material on the Land Lease Exchange Sites; (iv) your name, address, telephone number and email address; (v) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the rights-holder, its agent or representative or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury (where applicable in accordance with applicable local laws), that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you are seeking to send us such a notice with respect to a non-exclusive right, you must comply with the foregoing sections (i)-(vi), but in addition provide evidence to us on what basis you have the right to allege infringement and make a complaint.
If you are sending a notice or counter-notice pursuant to the United States Digital Millennium Copyright Act of 1998 (the “DMCA”), then it must meet the then-current statutory requirements imposed by the DMCA; see copyright.gov for details. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice.
Notices and counter-notices with respect to the Service should be sent to: 3333 S. Orange Ave., Suite 200, Orlando, FL 320806. Giving false, misleading or inaccurate information in a notice or counter-notice may result in civil and/or criminal liability. We suggest that you consult your legal advisor before filing a notice or counter-notice. Land Lease has a policy for terminating the accounts of repeat infringers.
- Lessee Rating and Landowner Response Policy
How to Report a Lessee Rating. Land Lease Exchange aims to ensure the integrity of all Lessee Ratings and content posted on our site. If you believe that a Lessee Rating or other content posted about your property is fraudulent or otherwise improper, please report it to us by following the instructions below. Please note that while we reserve the right to remove content from the Land Lease Exchange Sites for any reason or no reason, we are under no obligation to do so.
To report a Lessee Rating that you believe does not meet these Terms of Service, please send an email with the title “Reporting Lessee Rating” to [email protected] with the following information:
- Your name
- A link to the Lessee Rating in question and/or the user name of the individual who wrote the Lessee Rating
- The reason you are disputing the Lessee Rating
- Any evidence to support your dispute of the Lessee Rating
You may also respond to a Lessee Rating by posting a Landowner Response below the Lessee Rating. See below for more information about Landowner Responses.
Landowner Response Guidelines. Land Lease Exchange allows landowners to respond to Lessee Ratings written about their properties. Please make sure the response is written as you wish to see it posted on the Land Lease Exchange Sites. All Landowner Responses must be:
- Professional: Landowner Responses are posted below the Lessee Rating to which the landowner is responding. They are read by general Land Lease Exchange users, and therefore should be written in a manner that is representative of the landowner’s customer service policies.
- Unique: We allow only one response per Lessee Rating posted on the Land Lease Exchange Sites. Please ensure only one Landowner Response is submitted per Lessee Rating.
- Appropriate: Personal insults or irrelevant comments of a personal nature are prohibited. Additionally, landowners may not threaten or coerce a Lessee Member or attempt to suppress Lessee Ratings on the Land Lease Exchange Sites. Please also do not write responses directed to Land Lease Exchange staff or commenting about Land Lease Exchange’s policies.
- Respectful of Personal Privacy: Lessee Ratings may be anonymous, so as to protect the privacy of our Lessee Members’ personal information. Speculation as to the identity of the Lessee Member is strictly prohibited. The posting of personally identifying information of any person, including names, addresses, phone numbers or other information that may be used to identify an individual is also strictly prohibited.
- Non-Commercial: Please do not include promotional material of any kind, including incentives for the Lessee Member to return, loyalty programs and URLs that are irrelevant to the review in question. We reserve the right to reject any URL.
- Original: Please do not include quoted material from other sources, hearsay, or material published elsewhere. This includes correspondence from a Lessee Member or other third party.
- Submitted using a valid e-mail address: Please use a valid e-mail address in submitting your Landowner Response. We may need to contact you if there is a problem with your response.
To submit a Landowner Response, please email . If your response complies with these guidelines, it will typically be published within several business days.
Land Lease Exchange reserves the right to remove a Lessee Rating or Landowner Response at any time for any reason or no reason. The Lessee Ratings posted on the Land Lease Exchange are individual and contain highly subjective opinions. The opinions expressed in Lessee Ratings are those of Land Lease Exchange users and not of Land Lease Exchange. We do not endorse any of the opinions expressed in Lessee Ratings or in Landowner Responses. We are not affiliated with any landowner or establishment listed or reviewed on our website. We will never release anyone’s personal contact information.
- Land Lease Exchange Site Content
The text, images, trademarks, trade names, photographs, graphics, logos, illustrations, descriptions, data, and other material provided by Land Lease Exchange on or through the Land Lease Exchange Sites, as well as the selection, assembly, and arrangement thereof, are referred to collectively as the “Content.”
The Content may contain errors, omissions, or typographical errors or may be out of date. Land Lease Exchange may change, delete, or update any Content at any time and without prior notice. The Content is provided for informational purposes only and is not binding on Land Lease Exchange in any way except to the extent it is specifically indicated to be so.
Unless otherwise noted, all Content is protected by copyrights, trademarks, service marks, and other proprietary rights that are owned by Land Lease Exchange or by third parties that have licensed their use to Land Lease Exchange. Except as otherwise agreed to in writing between you and Land Lease Exchange, you may view and use the Content only for your personal information and you shall retain intact all copyright and other proprietary notices. Except as provided in the foregoing, or as otherwise agreed to in writing between you and Land Lease Exchange, Land Lease Exchange does not grant to you or any person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the Content on or transmitted through the Land Lease Exchange Sites, including without limitation by transferring, downloading, or otherwise copying any Content onto a hard drive or other storage medium. Any use of the Content, except as specifically permitted in these Terms or as otherwise expressly permitted in the Content or in a writing signed by Land Lease Exchange, is strictly prohibited.
- Landowner Listings
As a Landowner, you may create Listings. To create a Listing, you may be asked a variety of questions about the land to be listed, including, but not limited to, the location, capacity, size, features, and availability of the land and pricing and related rules and financial terms. In posting post a Listing via the Land Lease Exchange Sites, it is recommended but not required that each Listing have a valid physical address. Listings will be made publicly available via the Land Lease Exchange Sites. You understand and agree that the placement or ranking of Listings in search results may depend on a variety of factors, including, but not limited to, Lessee Member preferences, Lessee Ratings and/or ease of booking.
Other Lessee Members will be able to book your land via the Land Lease Exchange Sites based upon the information provided in your Listing, your Lessee Member requirements, and Lessee Members’ search parameters and preferences. You understand and agree that once a Lessee Member requests a booking of your land, you may not request the Lessee Member to pay a higher price than in the booking request.
As a Landowner, You acknowledge and agree that you alone are responsible for any and all Listings and User Generated Content you post. You acknowledge and agree that you are solely responsible for performing your own inspections and due diligence on the information you provide in any Listing posted on the Land Lease Exchange Sites and that Land Lease Exchange is not responsible for performing any inspection or due diligence on the information contained in the Listing, nor verifying that any information provided by Lessee Members is correct.
You acknowledge and agree that, as a Landowner, you are responsible for your own acts and omissions in any Listing you post. As a Landowner, you understand and agree that Land Lease Exchange does not perform background checks or other investigations on its Lessee Members.
- Payment, Taxes, and Insurance
Land Lease Exchange reserves and shall have the right to establish terms and conditions regarding fees and access or use of the Land Lease Exchange Sites
As a Landowner, you understand and agree that Land Lease Exchange is not responsible for the payment or collection of any fees or any other consideration agreed to between you, as the Landowner, and any Lessee Member.
As a Landowner, you understand and agree that Land Lease Exchange does not act as an insurer or as your contracting agent. If a Lessee Member requests a booking of your land and uses your land, any agreement you enter into with such Lessee Member is between you and the Lessee Member and Land Lease Exchange is not a party to it.
Land Lease Exchange recommends that Landowners obtain appropriate insurance for their land. Please review any insurance policy that you may have for your land carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Lessee Members (and the individuals the Lessee Member invites to use the land, if applicable) while using your land.
We recommend that Landowners and Lessee Members engage the services of appropriate professionals (lawyers, accountants, etc.) in connection with negotiating the terms of any lease and use agreements and transactions.
Landowners and Lessee Members are solely responsible for paying any and all taxes arising out of the lease and use of any land listed in any Listing on the Land Lease Exchange Sites.
- “Contact Us” Features
The Land Lease Exchange Sites may contain “Contact” forms or other features that allow members to submit questions or other content to Land Lease Exchange (“User Inquiry”). Any User Inquiry you submit to us will be considered non-confidential and non-proprietary. By providing any User Inquiry through the Land Lease Exchange Sites, you expressly authorize Land Lease Exchange, and our affiliates and service providers, to contact you via the contact information you have provided, whether in regards to your specific User Inquiry or other commercial offerings.
- Disclaimer and Limitation of Liability as to the Land Lease Exchange Sites, Content, and Services
LAND LEASE EXCHANGE MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE LAND LEASE EXCHANGE SITES OR ANY LINKED SITE OR ITS CONTENT, INCLUDING THE AVAILABILITY OF ANY SITE OR THE CONTENT, INFORMATION, AND MATERIALS ON IT OR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THAT CONTENT, INFORMATION, AND MATERIALS. LAND LEASE EXCHANGE ALSO DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE LAND LEASE EXCHANGE SITES OR ANY LINKED SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE LAND LEASE EXCHANGE SITES OR ANY LINKED SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS.
WITHOUT LIMITING THE FOREGOING, ALL CONTENT PROVIDED ON OR THROUGH THE LAND LEASE EXCHANGE SITES IS PROVIDED TO USERS “AS IS,” WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, OR ACCURACY. THE “AS IS” CONDITION OF CONTENT IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF THE LAND LEASE EXCHANGE SITES. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
UNDER NO CIRCUMSTANCES, TO THE EXTENT PERMITTED BY LAW, SHALL LAND LEASE EXCHANGE, ITS SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY OUT OF ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE ANY OF THE LAND LEASE EXCHANGE SITES OR ANY LINKED SITE OR ITS CONTENTS, INCLUDING WITHOUT LIMITATION LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER SYSTEMS OR OTHERWISE, EVEN IF LAND LEASE EXCHANGE IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER PROVISION MAY NOT APPLY TO CONSUMERS WITHIN THE STATE OF NEW JERSEY OR IN OTHER JURISDICTIONS WHERE PROHIBITED BY LAW.
UNDER NO CIRCUMSTANCES, TO THE EXTENT PERMITTED BY LAW, SHALL LAND LEASE EXCHANGE, ITS SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY OUT OF A LESSEE MEMBER’S USE OF ANY LAND POSTED IN A LISTING BY A LANDOWNER, INCLUDING WITHOUT LIMITATION ANY DAMAGE DONE TO A LANDOWNER’S LAND, LOST PROFITS, OR ANY OTHER DAMAGE, EVEN IF LAND LEASE EXCHANGE IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER PROVISION MAY NOT APPLY TO CONSUMERS WITHIN THE STATE OF NEW JERSEY OR IN OTHER JURISDICTIONS WHERE PROHIBITED BY LAW.
You agree to defend, indemnify, and hold harmless Land Lease Exchange, Land Lease Exchange’s vendors, and their affiliates and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including without limitation reasonable attorneys’ fees and court costs), arising out of or relating to your breach of these Terms, or your access to or use of the Land Lease Exchange Sites. You are solely responsible for interactions with our business partners and affiliated companies and other Users of Land Lease Exchange Sites. To the extent permitted by applicable law, you hereby release Land Lease Exchange from any and all claims or liability related to any product or service provided through the Land Lease Exchange Sites and any conduct, action, or inaction by a business partner or affiliated company. The foregoing indemnification obligation shall survive termination of these Terms and the operation of the Land Lease Exchange Sites or any product or service provided to you arising out of or relating to your use of the Land Lease Exchange Sites.
- Third-Party Content Disclaimer
Land Lease Exchange may link to external, third party websites. By providing links to other websites, Land Lease Exchange does not guarantee, approve or endorse the information or products available at these sites, nor does a link indicate any association with or endorsement by the linked site to Land Lease Exchange. Land Lease Exchange does not operate or control and has no responsibility for the information, products and/or services found on any external sites. Nor do such links represent or endorse the accuracy or reliability of any information, products and/or services provided on or through any external sites, including, without limitation, warranties of any kind, either express or implied, warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose. Visitors to Land Lease Exchange Sites assume complete responsibility and risk in their use of any external sites. Visitors should direct any concerns regarding any external link to its site administrator or webmaster.
- Disputes: Mandatory Arbitration, Class Action Waiver, Jury Trial Waiver
By using the Land Lease Exchange Sites, you unconditionally agree that all claims relating to your access or use of the Land Lease Exchange Sites and the Land Lease Exchange Services will be resolved solely through binding individual arbitration, rather than in court. You may also assert individual claims in small claims court if your claims otherwise qualify. You and Land Lease Exchange both further agree that we may each bring suit in court to enjoin infringement or other misuse of intellectual property rights.
The Federal Arbitration Act and federal arbitration law apply to this agreement.
To begin an arbitration proceeding, you may send a letter requesting arbitration and describing your claim to: Capitol Corporate Services, Inc. PO Box 1831, Austin, TX 75767. You agree that the arbitration will be conducted by the American Arbitration Association (‘AAA’), https://www.adr.org, or 1.800.778.7879. You can contact AAA to find out more information on how to commence an arbitration proceeding. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s applicable rules. Land Lease Exchange will reimburse those fees for claims totaling less than $10,000. Likewise, Land Lease Exchange will not seek attorneys’ fees and costs in arbitration. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed-upon location.
CLASS ACTION AND JURY TRIAL WAIVERS. You and Land Lease Exchange agree to bring any dispute in arbitration on an individual basis only, and not on a class, consolidated, aggregated, representative or collective action basis. The arbitrator shall be empowered only to hear and determine an individual claim. If for any reason a claim proceeds in court rather than in arbitration, you and Land Lease Exchange each waives any right to a jury trial or to bring a class, consolidated, aggregated, representative or collective action against the other.
ARBITRATIONS AND COURT ACTIONS DIFFER. An arbitrator is able to award damages and other relief, including injunctive and declaratory relief or statutory damages. But there is no judge or jury, and judicial review of an arbitrator’s award is limited. Discovery in arbitration is also limited in accord with AAA rules. In addition, as set forth above, you are waiving any ability for an arbitrator to oversee or determine class, consolidated, aggregated, representative or collective actions.
IMPORTANT: THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, AND THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS, CONSOLIDATED, AGGREGATED, REPRESENTATIVE OR COLLECTIVE ACTION. OTHER RIGHTS AND REMEDIES THAT YOU OR LAND LEASE EXCHANGE WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
- Entire Agreement
These Terms constitute the entire agreement between the parties with respect to your access, use, and receipt of services from the Land Lease Exchange Sites and supersede all prior agreements, negotiations and discussions between you and Land Lease Exchange relating to the same. There are no third-party beneficiaries of the agreement.
Any forms provided by Land Lease Exchange on the Land Lease Exchange Sites are for sample purposes only, do not constitute legal recommendations or advice, and are not to be utilized by Landowners and Lessee Members. You acknowledge that you are responsible for engaging qualified legal counsel to assist you in the preparation, negotiation and execution of legal documents.
No waiver by Land Lease Exchange of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any other provisions of the Terms. The headings and captions in these Terms are intended for convenience only and shall in no way affect the interpretation of the Terms.
Access to or use of the Land Lease Exchange Sites shall not be construed as Land Lease Exchange’s purposeful availment of the privilege or benefits of doing business in any state or legal jurisdiction other than the State of Florida. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to conflicts of law provisions. Additionally, any claims brought against Land Lease Exchange shall be governed by and construed in accordance with the laws of the State of Florida. Sole and exclusive jurisdiction for any action or proceeding arising out of, or related to, this Agreement, use of the Land Lease Exchange Sites, or any services provided through Land Lease Exchange Sites, shall be in the state or federal courts located in the State of Florida.