This User Agreement ("Agreement"), and the terms and conditions set forth herein are a legal contract governing your use of the LandPro Website ("Website"), both as a paid subscriber or as a free trial user. Your use of this Website constitutes your acceptance of these terms and conditions.
This Agreement is between you and LandPro Ltd, (The publisher) a limited liability company, having its office at 14 Upper Bourne Lane, Farnham, Surrey GU10 4RQ, (registered with company number 4473706) and registered for VAT purposes with number 677 1896 76. These terms, together with any Special Conditions (as defined below) will apply to all your purchases of Goods and Services, whether you are ordering online, by telephone or by mail. Please read this document carefully after printing it off or downloading it before placing your order.
We may change these terms from time to time. Please check them before you make another purchase
The contract for the supply of Goods and/or Services (“Contract”) will be formed when we accept your order. Acceptance of an order by us is assumed by our acceptance of your payment and your acceptance of our Terms and conditions.
1. Your Rights
LandPro grants you a non-exclusive, non-transferable, limited license to use and display this Website and the materials provided hereon, provided that you comply fully with this Agreement. You agree not to share your login and password for this Website with any other individual. You agree not to interrupt, or attempt to interrupt, the operation of this Website in any way. The Website consists of landscape construction cost data (“Cost Data”) and proprietary models (“Models”) (collectively “Data”). You are licensed to use the Data made available on the Website solely in the regular course of construction estimating and related work.
The license includes the right to download and temporarily store reasonable portions of the Cost Data (“Downloaded Data”) in a spreadsheet for your personal and/or employment related use on up to 3 storage devices under your exclusive control solely (i) to display internally such Downloaded Data and (ii) to include and distribute the Downloaded Data in a construction estimate or related work prepared for a specific project, to be distributed to a specific party.
You may not merge the Cost Data available on this Website with any software program or extract such cost data other than into a spreadsheet for your personal and/or employment related use on a up to 3 computers. You may not use, copy, download, store, publish, modify, translate, transmit, transfer, sell or prepare derivative works of the Data, or any portion of the Data, in any form or by any means, except (i) as expressly permitted by this Agreement, or (ii) with LandPro' express written permission. Downloaded Data shall not be stored or used in an archival database or other searchable databases except as expressly permitted by this Agreement. You shall not sell, license or distribute Data (including printouts and Downloaded Data) to third parties, except as expressly permitted by this Agreement, or use the Data as a component of or as a basis for any material or product offered for sale, license or distribution.
Except for the license granted in this Agreement, all rights, title and interest in the Data, in all formats and media throughout the world, including all copyrights, are and will continue to be the exclusive property of The publisher
2. Fee-Based Services Charges
Certain products and features of this Website are available only through the purchase of a site subscription ("Fee-Based Services")
a. You agree to pay, using a valid credit card which The publisher accepts, the annual subscription charges (“Subscription Fees”) set forth on this Website., applicable taxes, billing terms, and other charges incurred on your account in order to access the Fee-Based Services. All Subscription Fees are non-refundable under any circumstances. The Subscription Fee you will be charged will be the price posted on the Website on the date that you purchase the Fee-Based Services. The publisher reserves the right to increase fees, surcharges, and Website subscription fees, or to institute new fees, at any time, upon reasonable notice posted in advance on this Website, with such fees to become effective upon the renewal of your then current subscription.
C. You may cancel your subscription at any time by contacting The publisher provided that any subscription fees charged prior to the effective date of cancellation will not be refunded, in whole or in part. You will not be eligible for a pro-rated refund of any portion of the subscription fees paid for any unused days of the then-current subscription term for which you have paid, and your subscription will expire at the end of the then-current subscription term
You are responsible for all charges associated with connecting to this Website, including, without limitation, telephone, standard text message rates, modem, and broadband access charges necessary to access the Website and the Fee-Based Services.
d. For purposes of identification and billing, you agree to provide LandPro with accurate, complete, and updated information required by the site subscription registration, including your name, address, email address, telephone number, and applicable payment data (e.g., credit card number or Internet banking or other payment method acceptable to Landpro AND expiry date). Failure to comply with this provision (including falsification of any Registration Data) may, at LandPRO’ S option, result in immediate suspension or termination of your right to use the Fee-Based Services without refund of any amounts paid by you or cancellation of any amounts then payable by you.
You agree to promptly update your Registration Data, including your password, in the event of any known or suspected unauthorized use of your subscription, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information. In the event of a breach of security, you will remain liable for any unauthorized use of your subscription.
3. Free Trial Users
a. Free trials are granted for a one-time use, once per user during any consecutive twelve (12) calendar month period. Free trials may be terminated by LandPro without prior notice if there is a violation of the provisions of this Agreement The publisher to pursue any and all other remedies available to it in equity or. b. You agree to provide The publisher with your basic contact information including your name, company name, address, email address, telephone number, and other information requested by The publisher. By using the Website and/or the Fee Based Services, you authorize The publisher to contact you by mail, email, landline and mobile phone. These communications may include information about The publisher’ services and features of the Website, notices about applicable fees and charges, transactional information and other information concerning or related to the Website and/or Fee Based Services.
Failure to fully comply with all applicable provisions of this Agreement may, at The publishers option, result in immediate suspension or termination of your right to use this cost data website.
c. You agree to promptly update all information provided to The publisher, including your password, in the event of any known or suspected unauthorized use of your free trial, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. In the event of a breach of security, you will remain liable for any unauthorized use of your free trial.
e. You are responsible for all charges associated with connecting to this Website, including, without limitation, telephone, standard text message rates, modem, and broadband access charges necessary to access the Website4. Your Password
As part of the registration process, you will select a password. This password is for your individual use only. You are responsible for maintaining the confidentiality of any password you use to access the Website, and agree that LandPro will have no obligation with regards thereto.
You agree to provide The publisher with your basic contact information including your name, company name, address, email address, telephone number, and other information requested by The publisher to contact you by mail, email, landline and mobile phone. These communications may include information about The publisher’ services and features of the Website, notices about applicable fees and charges, transactional information and other information concerning or related to the Website and/or Fee Based Services.
5. Copyright and Trademarks
All materials on the Website, including, without limitation, text, images, software, audio and video clips, databases, Data (collectively, the "Content") are owned or controlled LandPro Ltd, which retains all right, title, and interest in and to such Content. The Website and the Content contain valuable and proprietary information of LandPro Ltd. and others and are protected by the copyright and trademark laws of the United Kingdom and other countries, international conventions, and other applicable laws.
You agree not to use any trademarks, service marks, names, logos, or other identifiers of LandPro Ltd, licensors, independent contractors LandPro, and/or affiliates without prior written permission from The publisher. In addition, you may not use trademarks, service marks, names, logos, or other identifiers:
a. In, as, or as part of, your trademarks or those of any third parties;
b. To identify products or services that are not those of LandPro Ltd.
c. In a manner likely to cause confusion; or
d. In a manner that implies that LandPro Ltd sponsors or endorses or is otherwise connected with your own activities, products and services or those of third parties.
6. Links to Other Sites
7. Financial Responsibility
Your subscription and the rights and privileges provided hereunder are personal and non- transferable. You agree not to assign, transfer, or sublicense your rights as a subscriber to the Fee-Based Services or as a free trial user. You agree to be financially responsible for all billing activity on your Fee-Based Services account.
You hereby agree to indemnify and hold harmless The publisher and its affiliates from and against any and all liability and cost incurred by The publisher or their affiliates in connection with any third party claim arising out of any breach of any of your obligations set forth herein. The publisher reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall cooperate as fully as reasonably required in the defense of any such claim. You shall not in any event settle any claim without the prior written consent of The publisher
9. Disclaimer of Warranty
Except as expressly set forth in this agreement, the website (including all content, software, functions, data, materials and information made available thereon or accessed by means thereof) are provided as-is, without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, title, compatibility, security, accuracy, or non-infringement. To the fullest extent permissible by law, otherwise. Landpro ltd and its affiliates shall not be liable for your use of or inability to use the website under any circumstances, including, but not limited to, by reason of the negligence of The publisher. The publisher does not warrant that the functions contained in the website will be uninterrupted or error-free, that defects will be corrected, that the website will meet any particular criteria of performance or quality, or that the website, including the server(s) on which the website is operated, are free of viruses or other harmful components.
10. Limitation of Liability
Use of the website is at your own risk. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, communications, content, or other material (including, without limitation, software) accessed through or obtained by means of the website. Under no circumstances shall The publisher be liable for any indirect, punitive, special, or consequential damages directly or indirectly related to the use of, or the inability to use, the website. The publisher’s total liability and its affiliates hereunder is limited to the amount, if any, actually paid by you for access and use of the fee-based services during the twelve-month period immediately preceding your notice of claim. You hereby release Landpro Ltd and its affiliates from any and all obligations, liabilities and claims in excess of this limitation.
LandPro Ltd reserves the right to restrict, suspend or terminate your access to the Website in whole or in part, without notice, with respect to any breach or threatened breach by you of any portion of this Agreement, such termination to be without prejudice to the right of LandPro Ltd to pursue any and all other remedies available to it in equity or at law. If LandPro Ltd terminates this Agreement based on a breach of any portion of this Agreement, LandPro Ltd will not refund any amounts paid or cancel any amounts then payable by you and reserves the right to refuse to provide a subscription to you in the future.
a. To this Agreement.
The publisher has the right to modify this Agreement. Any modification is effective immediately upon posting to the Website or distribution via electronic mail or conventional mail. Your continued use of the Website following posting or other notice of any modification to this Agreement shall be conclusively deemed an acceptance of all such modification(s). Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of The publisher in providing the Website, including, without limitation, any change in the Content, is to cancel your subscription in accordance with the subscription help instructions or to terminate your free trial use of the Website.
The publisher has the right to modify, suspend or discontinue the Website or any portion thereof, at any time, including the availability of any area of the Website.
This Agreement constitutes the entire agreement between you and The publisher with respect to the Website, Data, and supersedes all prior written or verbal agreements between you and LandPro Ltd. Failure by LandPro Ltd to enforce any provision of this Agreement shall not be construed as a waiver of any provision or right. Interpretation and enforcement of this Agreement shall be governed by English laws. In the event that any portion of this Agreement is held unenforceable, the unenforceable portion shall be reformed to reflect as nearly as possible the original intentions of the parties, and the remainder of the Agreement shall remain in full force and effect.
14 Refund policy
Our refunds policy is as follows:
· Consultancy services – By mutual agreement.
· LiberRATE Estimating software. Once a 30-90 free trial has completed and the software is purchased will only offer refunds at our discretion and within 14 days of order.
· Garden design website
· We will off a refund during the 14-day restricted data trial period only.
Subscribing to LandPro Ltd Cost Data service, or LandPro Ltd online on a free trial basis indicates your agreement to the terms and conditions set forth above.