Welcome to The Landscape Estimator (“we,” “our,” “us”). These Terms of Service (“Terms”) govern your access to and use of our website, applications, and related services (collectively, the “Service”). By creating an account or using the Service, you agree to these Terms.
1. Eligibility
You must be at least 18 years old, or the age of majority in your jurisdiction, to use the Service. By using the Service, you represent and warrant that you meet this requirement.
2. Accounts
- Provide accurate, current, and complete information when creating your account.
- Maintain the security of your credentials and promptly notify us of any unauthorized use.
- We may suspend or terminate accounts that violate these Terms.
3. Acceptable Use
- Use the Service only for lawful purposes and in accordance with these Terms.
- Do not interfere with or disrupt the integrity or performance of the Service.
- Do not attempt to gain unauthorized access to the Service or related systems.
- Do not upload or transmit content that infringes on others’ rights or violates applicable laws.
4. Subscriptions and Payments
Certain features may require a paid plan. Pricing and billing terms are presented at the time of purchase and may change with prior notice. Fees are non-refundable except as required by law.
5. Intellectual Property
The Service, including software, text, design, and trademarks, is owned by us or our licensors and is protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works without our prior written consent.
6. Your Content
You retain ownership of content you submit to the Service, such as project data and estimates. You grant us a non-exclusive, worldwide, royalty-free license to host, process, and display your content solely to operate, maintain, and improve the Service.
You represent that you have all rights necessary to submit the content and that it does not infringe any third-party rights.
7. Privacy
Your use of the Service is also governed by our Privacy Policy. Please review it carefully.
8. Third-Party Services
The Service may link to or integrate with third-party services. We are not responsible for their content, policies, or practices. Your use of third-party services is governed by their own terms.
9. Disclaimers
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE.
OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SERVICE WILL NOT EXCEED THE AMOUNT YOU PAID, IF ANY, FOR THE SERVICE IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
11. Indemnification
You agree to defend, indemnify, and hold harmless The Landscape Estimator and our affiliates, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or in any way connected with your use of the Service or your violation of these Terms.
12. Changes to the Service and Terms
We may modify or discontinue the Service, in whole or in part, and may update these Terms from time to time. We will provide notice of material changes by posting the updated Terms and revising the effective date. Your continued use of the Service after changes become effective constitutes acceptance.
13. Termination
We may suspend or terminate your access to the Service at any time for any reason, including if we reasonably believe you have violated these Terms. You may stop using the Service at any time.
Sections that by their nature should survive termination will survive, including those related to intellectual property, disclaimers, limitations of liability, and indemnification.
14. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of Oregon, without regard to conflict-of-laws rules. Any dispute arising out of or relating to these Terms or the Service will be brought exclusively in the state or federal courts located in Multnomah County, Oregon, and you consent to their jurisdiction and venue.
15. Contact
Questions about these Terms? Contact us at support@thelandscapeestimator.com.