Terms of Use Agreement
By using landscapeforms.com, and its related domains, including
but not limited to social media channels, mobile application, services,
information, web postings, products and tools (collectively, “Website”) you,
the User, are agreeing to the following terms and principles. This terms of use
agreement (“Agreement”) is effective immediately for all Users of the Website
and is by and between you, the User and Landscape Forms, Inc. (“LFI” or “we” or
“us”). Please read the Terms of Use carefully before you start to use the
Website.
These Terms of Use incorporate LFI’s Website Privacy
Policy as if
incorporated fully herein. LFI uses Salesforce’s Pardot platform for our B2B
Marketing Automation and CRM. You may learn about how Salesforce processes
information on our behalf in Salesforce’s Privacy Policy.
1. Mission
Landscape
Forms is the industry leader in integrated solutions of high-design site
furniture, advanced LED lighting, structure, and custom environments. For more
than 50 years we have developed and created solutions that help designers and
other clients achieve beautiful, functional landscapes that enhance the
experience of outdoor space. Our secret is simple. Design, Culture and Craft
drive everything we do. Explore this website to learn more about us, or better
yet come by and check us out in person.
2. User
Eligibility
Use
of the Website is void where prohibited. Your use of the Website constitutes
your representation that (1) all information you submitted in your registration
is truthful and accurate: (2) that you will update your registration information
when changes occur; (3) that you are at least 13 years of age; (4) that, if you
are under the age of 18, you have the authorization of your legal guardian, and
(5) that your use of the Website does not violate any state, federal, or other
law which applies in your jurisdiction.
3. Accessing
the Website and User Consent
To access the Website or some of the
resources it offers you will be asked to provide certain registration details,
personal information and payment card information. You agree that all information
you provide to register with this Website, LFI, its service providers,
partners, or affiliates, including but not limited to through the use of any
interactive features on the Website, is governed by our Privacy
Policy, and you consent to all actions we take with respect to your
information consistent with our Privacy Policy (“Consent”).
If you choose, or are provided with, a user
name, password, or any other piece of information as part of our security
procedures, you must treat such information as confidential, and you must not
disclose it to any other person or entity. You also acknowledge that your
account is personal to you and agree not to provide any other person with
access to this Website or portions of it using your user name, password, or
other security information. You agree to notify us immediately of any
unauthorized access to or use of your user name or password or any other breach
of security. You also agree to ensure that you exit from your account at the
end of each session. You should use particular caution when accessing your
account from a public or shared computer so that others are not able to view or
record your password or other personal information.
We have the right to disable any user name,
password, or other identifier, whether chosen by you or provided by us, at any
time in our sole discretion for any or no reason, including if, in our opinion,
you have violated any provision of these Terms of Use.
4. User Consent to Share User’s Information
with Service Providers
LFI
uses third parties to assist us in operating our Website, conducting our
business, or servicing you, so long as those parties agree to keep your
information confidential.
Those
trusted third-party partners may:
·
Provide
you and our company, and its affiliated companies with various services
·
Provide
database maintenance and security
·
Help
us manage transactions
·
Help
us process and fulfill orders or requests
·
Create
an account on such third-party site to provide various services to you
By
using this Website, the User consents to LFI sharing the User’s information
with its service providers and their service providers.
Canadian and
European Union Users
We
may collect personal data from Canadian and European Union users. If you are
from the European Union or Canada, by using this Website, you consent to the
transfer, processing, and storage of your data in the United States. You have
rights, as set forth below, with respect to your information. If you do not
consent to the transfer of your information, you must cease using this Website.
5.
User Contributions
The Website may contain message boards,
chat rooms, personal web pages or profiles, forums, bulletin boards, and other
interactive features (collectively, “Interactive Services”) that allow users to
post, submit, publish, display, or transmit to other users or other persons
(hereinafter, “post”) content, product reviews, or materials (collectively,
“User Contributions”) on or through the Website. All User Contributions must
comply with the Content Standards set out in these Terms of Use.
Any User Contribution you post to the
Website will be considered non-confidential and non-proprietary. By providing
any User Contribution on the Website, you grant us and our affiliates and
service providers a non-exclusive, worldwide, perpetual, irrevocable,
royalty-free, sublicensable right to exercise any and all copyright, trademark,
publicity, and database rights you have in the content, in any media known now
or in the future.
You represent and warrant that you own or
control all rights in and to the User Contributions and have the right to grant
the license granted above to us and our affiliates and service providers.
All
of your User Contributions do and will comply with these Terms of Use.
6.
Content Standards
The
following Content Standards apply to any and all User Contributions and use of
Interactive Services. You are
responsible for any and all User Contributions, including without limitation
data, text, information, usernames, graphics, images, photographs, profiles,
audio, video, items, and links which you post to the Website. Please use common
sense when posting Content to the Website. Postings which may violate any
state, federal, or other law which applies in your jurisdiction, whether civil
or criminal, are strictly prohibited. Refrain from posting any Content which
contains profanity or nudity. LFI reserves the right to reject, refuse to post,
or delete any Content for any reason, including, but not limited to, Content
which, in the sole judgment of LFI, violates this Agreement or which otherwise
may be deemed offensive or rude. LFI does not assume responsibility for
monitoring user posted Content. However, if you believe you have identified a
violation of this Agreement, please report the abuse to the Privacy Officer
whose contact information is listed below.
7.
LFI’s Intellectual Property and Trademark
Rights
The Website, its features, and
functionality including but not limited to the software, displays of
information (including text, audio, video, images) and the design, selection,
and arrangement thereof are owned by LFI and are protected by copyright,
trademark, and other intellectual property or proprietary rights laws.
All content posted by LFI is protected by copyright laws and may
not be reproduced, republished, distributed, transmitted, sold, displayed,
broadcast or otherwise exploited in any commercial or for profit manner without
the prior written consent of LFI.
These
Terms of Use permit you to use the Website for your personal, non-commercial
use only. You must not reproduce, distribute, modify, create derivative works
of, publicly display, publicly perform, republish, download, store, or transmit
any of the material on our Website.
LFI’s
logos are subject to copyright and trademark protections. You must not use such
marks without the prior written permission of LFI. All brand names and logos
are the property of their respective owners, are used for identification purposes
only, and do not imply product endorsement or affiliation with LFI.
8.
Authors and Bloggers
As
stated below, LFI does not warrant any of the information provided on the
Website. Please use common senses when reviewing articles and blogs posted by
our staff or community members. You should not rely in any way on any
information posted on the Website.
9.
Online Purchases
All purchases through our partners or other
transactions formed through the Website or resulting from visits made by you
are governed by our Standard Terms and Conditions of Sale, Shipping Policy, and
Refund Policy where applicable, which are hereby incorporated into these Terms
of Use.
LFI
USES A THIRD-PARTY SERVICE PROVIDER TO COLLECT AND PROCESS PAYMENT CARD
INFORMATION, FOR EXAMPLE DEBIT OR CREDIT CARD INFORMATION, (“PCI”) FROM
USERS. THE USER AND LFI’S SERVICE PROVIDERS
ARE SOLELY RESPONSIBLE FOR THE SECURITY OF SUCH PCI DATA AND ANY CLAIMS ARISING
FROM THE UNAUTHORIZED ACCESS TO SUCH PCI DATA.
10.
Products or Services (Where Applicable)
Certain products or services may be
available exclusively online through the website. These products or services
may have limited quantities and are subject to return or exchange only
according to our Return Policy.
We have made every effort to display as
accurately as possible the colors and images of our products that appear at the
store. We cannot guarantee that your computer monitor's display of any color
will be accurate.
We reserve the right, but are not
obligated, to limit the sales of our products or Services to any person,
geographic region or jurisdiction. We may exercise this right on a case-by-case
basis. We reserve the right to limit the quantities of any products or services
that we offer. All descriptions of products or product pricing are subject to
change at anytime without notice, at the sole discretion of us. We reserve the
right to discontinue any product at any time. Any offer for any product or
service made on this site is void where prohibited.
We do not warrant that the quality of any
products, services, information, or other material purchased or obtained by you
will meet your expectations, or that any errors in the Service will be
corrected.
11.
Liability Limitation
The
liability, if any, of LFI and its agents, servants, representatives, members,
officers, and employees with regard to your use of the Website for any claims,
costs, damages, losses, and expenses for which they are or may be legally
liable, shall not exceed $25.00. In no event shall LFI and its agents,
servants, representatives, members, officers, and employees be liable for
indirect, special, or consequential damages.
12.
Indemnification
You
agree to indemnify, defend and hold LFI and its partners, agents, officers,
directors, employees, subcontractors, successors, assigns, third party
suppliers of information and documents, advertisers, product and service
providers, and affiliates, harmless from any liability, loss, claim and expense
related to your violation of this Agreement or use of the Website.
13.
No Waiver
LFI’s
failure to enforce any provision of this Agreement does not waive future
enforcement.
14.
Disclaimer of Warranty
DISCLAIMER
OF WARRANTY
You expressly agree that use of this
Website is at your sole risk. Neither LFI, its affiliates, nor any of their
officers, directors, employees, agents, third-party content providers, service
providers, or licensors (collectively, “Providers”), or the like, warrant that
this Website will be uninterrupted or error-free; nor do they make any warranty
as to the results that may be obtained from the use of this Website, or as to
the accuracy, completeness, reliability, security, or currency of the Content. The Content may contain errors, omissions,
inaccuracies, or outdated information. Further, LFI does not warrant
reliability of any content displayed or distributed through the Website.
THIS
WEBSITE AND THE CONTENT ON THIS WEBSITE IS PROVIDED ON AN “AS IS,” “WHERE IS,”
AND “WHERE AVAILABLE” BASIS. LFI MAKES
NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE
OPERATION OF THE WEBSITE, THE CONTENT, INFORMATION, OR THE MATERIALS ON THIS
WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, LFI EXPRESSLY DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY OF THE CONTENT ON THIS
WEBSITE OR ANY GOODS OR OTHER PRODUCTS OR SERVICES OFFERED, SOLD, OR DISPLAYED
ON THIS WEBSITE OR YOUR USE OF THIS WEBSITE GENERALLY, INCLUDING WARRANTIES OF
MERCHANTABILITY, ACCURACY OF INFORMATION, QUALITY, TITLE, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS LIMIT OR DO NOT
ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY
NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW APPLIES TO THIS AGREEMENT.
15.
Governing Law
The
Agreement shall be governed and controlled by the laws of the State of Michigan
as to interpretation, enforcement, validity, construction, and effect and in
all other respects.
16.
Forum Selection
Any
dispute arising under or in connection with the Agreement or related to any
matter which is the subject of the Agreement shall be subject to the exclusive
jurisdiction of the state and/or federal courts located in Kent County Michigan.
17.
Notice to LFI
All
notices to LFI under this Agreement may be sent using the following
information.
Privacy Officer: Director of IT
Email address: privacy@landscapeforms.com
Postal address: 7800 E. Michigan Avenue, Kalamazoo,
Michigan 49048