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By entering in your information into this website, you consent to the transfer, processing, and storage of your date in the United States.

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


 

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