Terms of Use
Last modified: April 23, 2021
By using Landscape and/or the Landscape Mobile App (“App”), together referred to as “Service”, and any related services provided by Dendroyka LLC (“Dendroyka”), you are agreeing to be bound by the following terms and conditions (“Terms of Use”). If you do not agree to be bound by the Terms of Use, promptly discontinue use.
Introduction
All pages, features, source code, and content within the Service are the property of Dendroyka, or its licensors or suppliers, as applicable. The Service is protected by United States and international copyright and trademark laws.
Access to Service
You must provide your legal full name, a valid email address, which will serve as your user ID, and any other information requested to complete your subscription to the Service (“Subscription”).
Your Subscription may be used by multiple people, but your individual combination of user ID and password (“Account”) may only be used by yourself. You may create separate Accounts for additional people using your subscription.
You agree that you are fully responsible for all activity occurring under your user ID. Your access to the Service may be revoked by Dendroyka at any time with or without cause. You agree to defend, indemnify, and hold Dendroyka harmless from and against all third-party claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by Dendroyka arising out of your breach of these Terms of Use or violation of applicable law, your use or access of the Service, or access by anyone accessing the Service using your user ID and password.
Use of Maps and Location-Based Information
Certain map and location-enabled functionality made available in the Service is provided by third-party providers. Your use of that functionality may be subject to additional terms and conditions (as updated from time-to-time). You must exercise your own judgement as to the adequacy and appropriateness of the information. All maps and location-based information are provided entirely “as-is,” without warranties of any kind.
User Content
Dendroyka claims no intellectual property rights over the material (“Content”) you provide to the Service.
Dendroyka does not pre-screen Content, but Dendroyka and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
You agree to defend, indemnify and hold Dendroyka harmless from and against all third party claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by Dendroyka arising out of any Content you post or allow to be posted to the Service.
Payments, Refunds, and Changes to Subscription Levels
Payment of the Subscription fee in full by credit card, check or other accepted payment is required to maintain your access to the Subscription for longer than the stated trial period, which is normally 30 days from the date the Subscription is first created.
Payment for the Subscription is required in advance of the period for which the subscription will be active.
The fee for the Subscription may have various levels based on the functionality provided. If the level is upgraded or downgraded during your Subscription period, you may be charged or refunded a prorated amount based on the new level’s current fee and the time remaining in your Subscription period.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
Dendroyka is not obligated to provide a refund on the months following the cancellation of a Subscription on which you paid in advance.
Cancellation and Termination
You may cancel your Subscription to the Service at any time by sending written notice of your intent to cancel to support@dendroyka.com subject to the following conditions:
If requested, an archived copy of all your Content will be provided to you, and available for up to 180 days after cancellation.
All your Content may be deleted from the Service 180 days after cancellation. This information may not be recoverable once your Subscription is deleted.
If you cancel the Service before the end of your current payment period, your cancellation will take effect immediately and you will not be charged again.
Cancellation of your Subscription will result in the inability of all users with Accounts to access the Subscription.
Dendroyka, in its sole discretion, has the right to suspend or terminate your Subscription and refuse any and all current or future use of the Service, or any other Dendroyka service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Subscription or your access to your Subscription. Dendroyka reserves the right to refuse service to anyone for any reason at any time.
Modifications to the Service and Fees
Dendroyka reserves the right at any time and from time to time to modify the Service (or any part thereof).
Dendroyka reserves the right to discontinue the Service upon 30 days notice. Should this occur, an archived copy of all of your Content will be provided to you within 60 days of the Service being discontinued.
Fees for all Services are subject to change upon 30 days notice from Dendroyka. Such notice may be provided at any time by posting the changes to the Service’s website web site (landconservationsoftware.com) or the Service itself.
Dendroyka shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Disclaimer of Warranties
DENDROYKA DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. THESE SERVICES, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SERVICE RELATED TO THE SERVICES, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. DENDROYKA DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SERVICES.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THESE SERVICES, SERVICES-RELATED SERVICES, AND LINKED WEBSITES. DENDROYKA DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.
WARRANTIES RELATING TO PRODUCTS OR SERVICES OFFERED, SOLD AND DISTRIBUTED BY DENDROYKA ARE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED WITH OR IN CONNECTION WITH THE APPLICABLE PRODUCTS OR SERVICES.
Limitation of Liability Regarding Use of Digital Services
DENDROYKA AND ANY THIRD PARTIES MENTIONED ON THESE SERVICES ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES, SERVICES-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SERVICES, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES, SERVICES-RELATED SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE SERVICES AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM AGGREGATE LIABILITY OF DENDROYKA TO YOU WITH RESPECT TO YOUR USE OF THESE DIGITAL SERVICES IS $500 (FIVE HUNDRED DOLLARS).
No Liability of App Store and Other Third Parties.
Your wireless carrier, the manufacturer and retailer of your mobile device, the developer of the operating system for your mobile device, the operator of any application store, marketplace, or similar service through which you obtain the App, and their respective affiliates, suppliers, and licensors (collectively, “Third Parties”) are not parties to this Agreement and they do not own and are not responsible for the App. Dendroyka, and not any Third Parties, is responsible for addressing any claims raised by you or any third party regarding the App or your use or possession thereof, including claims related to product liability, legal or regulatory requirements, and consumer protection or similar legislation. You are responsible for complying with all application store and other applicable Third Party terms and conditions. YOU AGREE (I) THE THIRD PARTIES DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, WITH RESPECT TO THE APP, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE; (II) IN NO EVENT WILL THE THIRD PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) ARISING OUT OF THIS AGREEMENT OR THE APP, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES; (III) IN ANY EVENT, THE MAXIMUM LIABILITY OF ANY THIRD PARTY FOR ALL CLAIMS (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) OF EVERY KIND WILL IN NOT EXCEED FIVE HUNDRED DOLLARS ($500.00); AND (IV) YOU WAIVE ANY AND ALL CLAIMS, NOW KNOWN OR LATER DISCOVERED, THAT YOU MAY HAVE AGAINST THE THIRD PARTIES ARISING OUT OF THE APP AND THIS AGREEMENT. THE THIRD PARTIES ARE INTENDED THIRD PARTY BENEFICIARIES OF THIS AGREEMENT, CAPABLE OF DIRECTLY ENFORCING ITS TERMS. NOTHING CONTAINED IN THIS AGREEMENT WILL BE CONSTRUED AS MODIFYING OR AMENDING ANY AGREEMENTS OR OTHER TERMS BETWEEN YOU AND THE THIRD PARTIES WITH REGARD TO THEIR SUBJECT MATTER. In the event of any claim that the App or your possession and use of the App infringes a third party’s intellectual property rights, the Third Parties are not responsible for the investigation, defense, settlement, or discharge of the infringement claim.
Revisions
In the event that any of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect. These Terms of Use constitute the entire agreement between Dendroyka and you pertaining to the subject matter hereof. In its sole discretion, Dendroyka may from time-to-time revise these Terms of Use by updating this posting. You should, therefore, periodically visit this page to review the current Terms of Use, so you are aware of any such revisions to which you are bound. Your continued use of the Services after revisions to these Terms of Use shall constitute your agreement to the revised Terms of Use. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages within this Service.