Terms and Conditions
1.1. Our Purpose
Landmarks Design LLC (“Landmarks Design”) is a Maryland Limited Liability Company with offices in Clarksburg, MD 20871. Landmarks Design is an online landscape design service whose focus is to provide high quality landscape design and informational products to anyone.Landmarks Design offers the ability for customers to receive quality landscape plans and landscape guidance from the comfort of their own home.
1.2. Legal Agreement
The Landmarks Design Terms constitute a binding and enforceable legal contract between Landmarks Design LLC (“Landmarks Design”, “us” or “we”) and you in relation to the use of any Landmarks Design Services - so please read them carefully.
1.3. User Account
In order to access and use certain sections and features of the Landmarks Design Services, you must first register and create an account with Landmarks Design (“User Account”).
If anyone other than yourself accesses your User Account and/or any of your User Platforms’ settings, they may perform any actions available to you (unless as specifically stated otherwise on the Landmarks Design Services), make changes to your User Platform(s) and User Account, and accept any legal terms available therein, make various representations and warranties and more – and all such activities will be deemed to have occurred on your behalf and in your name.
Therefore, we strongly encourage you to keep the log-in credentials of your User Account confidential, and allow such access only to people you trust - as you will be solely and fully responsible for all activities that occur under your User Account and/or User Platforms (including for any representations, warranties and undertakings made therein), whether or not specifically authorized by you, and for any damages, expenses or losses that may result from such activities.
You must provide accurate and complete information when registering your User Account and using the Landmarks Design Services, to which you are the sole and exclusive rights holder. We strongly encourage you to provide your own (or your company’s) contact and billing details, including your valid e-mail address, as we may use it to identify and determine the actual and true owner of the User Account and/or User Content (as defined below) submitted to us.
In case of a dispute on User Account ownership, we reserve the right to determine ownership to a User Account based on our reasonable judgment, whether or not an independent investigation has been conducted by us. However, if we cannot make such determination (as we may deem in our sole discretion), we reserve the right to avoid doing so and/or suspend a User Account until the parties disputing such ownership, reach a resolution, without liability to you or to any other party. We may request documentation (e.g. government-issued ID, a business license) that may assist us in determining ownership. Among others, we may consider the principles set forth below:
Landmarks Design will consider the owner of a User Account, User Platform and/or User Content created and/or uploaded to the relevant Landmarks Design Service, as the person or entity who has access to the e-mail address then listed in Landmarks Design’s records for such User Account under which such User Platform or User Content was created.
If any Paid Services (as defined in Section 6 below) were purchased via a User Account, Landmarks Design will consider the owner of such User Account and/or the relevant User Platform and/or User Content created thereunder, may be considered to be the person or entity whose billing details were used to purchase such Paid Services (“Billing Information”).
Notwithstanding the forgoing, Landmarks Design shall have the right to determine the ownership of User Content as it chooses in event Landmarks Design deems, at its sole discretion, that the situation justifies such determination, all based upon the factual situation as determined by Landmarks Design.
2. Scope of Work
2.1. We represent and warrant that:
Our scope of works varies per project and is outlined in the home improvement contract.
3. Your Obligations
3.1. You represent and warrant that:
You are of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into the Landmarks Design Terms and to form a binding agreement, for yourself or on behalf of the person or entity committed by you to the Landmarks Design Terms;
You are not a resident of (or will use the Landmarks Design Services in) a country that the U.S. government has embargoed for use of the Landmarks Design Services, nor are you named on the U.S. Treasury Department’s list of Specially Designated Nationals or any other applicable trade sanctioning regulations;
Your country of residence and/or your company’s country of incorporation is the same as the country specified in the contact and/or billing address you provide us;
You understand that Landmarks Design does not provide any legal advice or any recommendation with respect to any laws or requirements applicable to your use or any of your End Users, or your compliance therewith;
3.2. You undertake and agree to:
Fully comply with all applicable laws and any other contractual terms which govern your use of the Landmarks Design Services (and any related interaction or transaction), including those specific laws applicable to you or your End Users in any of your geographical locations;
be solely responsible and liable with respect to any of the uses of the Landmarks Design Services which occur under your User Account and/or User Platform(s), and for any of your User Content (including for any consequences of accessing, importing, uploading, copying, using or publishing such User Content on or with respect to the Landmarks Design Services);
Be solely responsible and liable with respect to any of the uses of the Landmarks Design Services which occur under your User Account and/or User Platform(s), and for any of your User Content (including for any consequences of accessing, importing, uploading, copying, using or publishing such User Content on or with respect to the Landmarks Design Services);
Regularly and independently save and backup any of your User Content and the information that is being processed by you regarding your User Platform, including with respect to End Users, User Products, and any applications and/or Third Party Services used by you;
Receive from time to time promotional messages and materials from Landmarks Design or its partners, by mail, e-mail or any other contact form you may provide us with (including your phone number for calls or text messages). If you wish not to receive such promotional materials or notices – please just notify us at any time;
Allow Landmarks Design to use in perpetuity, worldwide and free of charge, any version of your User Platform (or any part thereof) for any of Landmarks Design’s marketing and promotional activities, online and/or offline, and modify it as reasonably required for such purposes, and you waive any claims against Landmarks Design or anyone on its behalf relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide that you may have in or to your User Platform with respect to such limited permitted uses;
Landmarks Design’s sole discretion as to the means, manner, and method for performing the Landmarks Design Services, including those regarding the publication and/or display of any User Platforms and/or Content (including the inclusion and presentation of any advertisements or other commercial content with respect thereto).
Landmarks Design shall have the right to offer the Landmarks Design Services in alternative price plans.
3.3. You agree and undertake not to:
Copy, modify, create derivative works of, download, adapt, reverse engineer, emulate, migrate to another service, translate, compile, decompile or disassemble the Landmarks Design Website, the Landmarks Design Services (or any part thereof), any Content offered by Landmarks Design or Third Party Services for use and display within User Platforms (“Licensed Content”) and/or any part thereof in any way, or publicly display, perform, transmit or distribute any of the foregoing without Landmarks Design’s prior written and specific consent and/or as expressly permitted under the Landmarks Design Terms;
Submit, transmit or display any User Content, or use Licensed Content in a context, which may be deemed as defamatory, libelous, obscene, harassing, threatening, incendiary, abusive, racist, offensive, deceptive or fraudulent, encouraging criminal or harmful conduct, or which otherwise violates the rights of Landmarks Design or any third party (including any intellectual property rights, privacy rights, contractual or fiduciary rights), or otherwise shows any person, entity or brand in a bad or disparaging light, without their prior explicit approval;
Use any illegal action to collect login data and/or passwords for other websites, third parties, software or services;
Phish, collect, upload, or otherwise make available credit card information or other forms of financial data used for collecting payments, unless done in accordance with any applicable law, including, with the PCI DSS standard when applicable;
Upload, insert, collect or otherwise make available within the Landmarks Design Website or the Landmarks Design Services (or any part thereof), any malicious, unlawful, defamatory or obscene Content;
Publish and/or make any use of the Landmarks Design Services or Licensed Content on any website, media, network or system other than those provided by Landmarks Design, and/or frame, “deep link”, “page scrape”, mirror and/or create a browser or border environment around any of the Landmarks Design Services, Licensed Content and/or User Platform (or any part thereof), except as expressly permitted by Landmarks Design, in advance and in writing;
Use any “robot”, “spider” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Landmarks Design Services (or its data and/or Content), or in any way reproduce or circumvent the navigational structure or presentation of any of the Landmarks Design Services to obtain or attempt to obtain any materials, documents, services or information through any means not purposely made available through the Landmarks Design Services;
Act in a manner which might be perceived as damaging to Landmarks Design’s reputation and goodwill or which may bring Landmarks Design into disrepute or harm;
Purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use Landmarks Design and/or variations and misspellings thereof;
Impersonate any person or entity or provide false information on the Landmarks Design Services and/or User Platform, whether directly or indirectly, or otherwise perform any manipulation in order to disguise your identity or the origin of any message or transmittal you send to Landmarks Design and/or any End Users;
Falsely state or otherwise misrepresent your affiliation with any person or entity, or falsely express or imply that Landmarks Design or any third party endorses you, your User Platform, your business, your User Products, or any statement you make;
Reverse look-up, trace, or seek to trace another User of Landmarks Design Services, or otherwise interfere with or violate any other User’s right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of the Landmarks Design Services and/or User Platform without their express and informed consent;
Disable, circumvent, bypass or otherwise avoid any measures used to prevent or restrict access to the Landmarks Design Services, User Platform, the account of another User(s), or any other systems or networks connected to the Landmarks Design Services, by hacking, password mining, or other illegitimate or prohibited means;
Probe, scan, or test the vulnerability of the Landmarks Design Services or any network connected to the Landmarks Design Services;
Upload to the Landmarks Design Services and/or User Platform or otherwise use them to design, develop, distribute and/or otherwise transmit or execute, any virus, worm, Trojan Horse, time bomb, web bug, spyware, malware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;
Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Landmarks Design Services or Landmarks Design’s systems or networks connected to the Landmarks Design Services, or otherwise interfere with or disrupt the operation of any of the Landmarks Design Services, or the servers or networks that host them or make them available, or disobey any requirements, procedures, policies, or regulations of such servers or networks;
Use any of the Landmarks Design Services and/or User Platform in connection with any form of spam, unsolicited mail, fraud, scam, phishing, “chain letters”, “pyramid schemes” or similar conduct, or otherwise engage in unethical marketing or advertising;
Access to Landmarks Design Services, User Accounts, Licensed Content and/or User Content, through any means or technology (e.g. scraping and crawling), other than our publicly supported interfaces.
Sell, license, or exploit for any commercial purposes any use of or access to the Licensed Content and/or Landmarks Design Services, except as expressly permitted by the Landmarks Design Terms;
Remove or alter any copyright notices, watermarks, restrictions and signs indicating proprietary rights of any of our licensors, including copyright mark [©], Creative Commons [(cc)] indicators, or trademarks [® or ™] contained in or accompanying the Landmarks Design Services and/or Licensed Content; or
Violate, attempt to violate, or otherwise fail to comply with any of the Landmarks Design Terms or any laws or requirements applicable to your use of the Landmarks Design Services.
Access or use the Services for benchmarking or similar competitive analysis purposes or in order to build a competitive product or service.
You acknowledge and agree that your failure to abide by any of the foregoing or any misrepresentation made by you herein may result in the immediate termination of your User Account and/or any Services provided to you – with or without further notice to you, and without any refund of amounts paid on account of any such Services.
4. Content and Ownership
4.1. Your Intellectual Property
As between Landmarks Design and you, you shall own all intellectual property pertaining to your User Content and to any other materials created by you, including to any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, text and literary works. Landmarks Design does not claim ownership rights on your content. For the sole purpose of granting you the service, you acknowledge and agree that we will need to access, upload and/or copy your User Content to our platform to make display adjustments, to duplicate for backup and perform any other technical actions and/or uses required to perform our services, as we deem fit.
4.2. Landmarks Design’s Intellectual Property
All rights, title and interest in and to the Landmarks Design Services, including any and all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any applicable law (including any artwork, graphics, images, literary work, source and object code, computer code (including html), applications, audio, music, video and other media, designs, animations, interfaces, documentation, derivatives and versions thereof, the “look and feel” of the Landmarks Design Services, methods, products, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, inventions, trade secrets, logos, domains, customized URLs, trademarks, service marks, trade names and other proprietary identifiers, whether or not registered and/or capable of being registered (collectively, “Intellectual Property”), and any derivations thereof, are owned by and/or licensed to Landmarks Design.
Subject to your full compliance with the Landmarks Design Terms and timely payment of all applicable Fees, Landmarks Design hereby grants you, upon creating your User Account and for as long as Landmarks Design wishes to provide you with the Landmarks Design Services, a non-exclusive, non-transferable, non-sublicensable, fully revocable, limited license to use the Landmarks Design Services and Licensed Content, for the purpose of generating and displaying your User Platform to End Users and offering your User Products (as defined below) therein, solely as expressly permitted under the Landmarks Design Terms, and solely within the Landmarks Design Services.
The Landmarks Design Terms do not convey any right or interest in or to Landmarks Design’s Intellectual Property (or any part thereof), except only for the limited license expressly granted above. Nothing in the Landmarks Design Terms constitutes an assignment or waiver of Landmarks Design’s Intellectual Property rights under any law.
4.3. Feedback and Suggestions
If you provide us with any suggestions, comments or other feedback relating to the Landmarks Design Services (whether existing, suggested or contemplated), which is or may be subject to any Intellectual Property rights , such Feedback shall be exclusively owned by Landmarks Design. By providing such Feedback to Landmarks Design, you acknowledge and agree that it may be used by Landmarks Design in order to:
(i) Further develop, customize and improve of the Landmarks Design Services,
(ii) Provide ongoing assistance and technical support,
(iii) Contact you with general or personalized Landmarks Design-related notices and/or interview requests based on your feedback or otherwise,
(iv) Facilitate, sponsor and offer certain promotions, and monitor performance,
(v) To create aggregated statistical data and other aggregated and/or inferred information, which Landmarks Design may use to provide and improve its services,
(vi) To enhance Landmarks Design data security and fraud prevention capabilities, and
(vii) To comply with any applicable laws and regulations. In addition, you
(1) Represent and warrant that such Feedback is accurate, complete, and does not infringe on any third party rights;
(2) Irrevocably assign to Landmarks Design any right, title and interest you may have in such Feedback and
(3) Explicitly and irrevocably waive any and all claims relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide in or to such Feedback.
6. Service Fees
6.1. Paid Services
The use of certain Landmarks Design Services may be subject to payment of particular fees, as determined by Landmarks Design in its sole discretion (“Paid Services” and “Fee(s)”, respectively). Landmarks Design will provide notice of such Fees then in effect in relation to such Paid Services. If you wish to receive or use such Paid Services, you are required to pay all applicable Fees in advance.
Landmarks Design reserves the right to change its Fees at any time, upon notice to you if such change may affect your existing subscriptions. If you received a discount or other promotional offer, Landmarks Design shall have the right to automatically and without notice renew your subscription to such Landmarks Design Service(s) at the full applicable Fee.
Any purchase of a Landmarks Design product or service is valid for one year from the date of purchase. If the client does not complete the Landmarks Design Site Quiz or respond to messages from Landmarks Design during that time but would like to continue the purchased service, Landmarks Design reserves the right to charge additional fees if the price of that product or service has increased. If the client does not wish to proceed with Landmarks Design after one year from purchase, the purchase price is forfeited.
All Fees shall be deemed to be in U.S. Dollars, except as specifically stated otherwise in writing by Landmarks Design. To the extent permitted by law (and unless specified otherwise by Landmarks Design in writing), all Fees are exclusive of all taxes (including value added tax, sales tax, goods and services tax, etc.), levies or duties imposed by taxing authorities (“Taxes”), and you shall be responsible for payment of all applicable Taxes relating to your use of the Landmarks Design Services, or to any payments or purchases made by you. If Landmarks Design is obligated to collect or pay Taxes for the Fees payable by you, and whether or not such Taxes were added and collected from you for previous transactions, such Taxes may be added to the payment of any outstanding Fees and will be reflected in the Invoice for such transaction. We recommend that you verify the existence of any additional fees you may be charged by third parties in connection with the purchase of Paid Services or in connection with the renewal thereof (such as international transaction fees, currency exchange fees or fees due to banks or credit card companies). Landmarks Design is not responsible for any such additional fees or costs.
As part of registering or submitting information to receive Paid Services, you also authorize Landmarks Design (either directly or through its affiliates, subsidiaries or other third parties) to request and collect payment (or otherwise charge, refund or take any other billing actions) from our payment provider or your designated banking account, and to make any inquiries Landmarks Design or its affiliates may consider necessary to validate your designated payment account or financial information, in order to ensure prompt payment, including for the purpose of receiving updated payment details from your payment, credit card or banking account provider (e.g., updated expiry date or card number as may be provided to us by your credit card company).You may keep a credit card stored with Landmarks Design to pay for Paid Services (“Stored Card”). You will be able to identify each Stored Card by its last four digits as in your Account Settings Page.
6.3. Money-Back Guarantee
If you are not satisfied with Landmarks Design Services that are subject to a Fee for a period of service or subscription commitment and which is your initial purchase of such service, you may provide notice of cancellation for any reason within fourteen (14) days of having first ordered or activated such Landmarks Design Services (the “Refund” and “Refund Period”). The Refund is applicable only to the initial purchase of Landmarks Design services. The Refund is not applicable to any additional purchases, upgrades, modification or renewals of Landmarks Design Services. If you reside in a jurisdiction which requires a longer Refund Period, we will of course be happy to accommodate such requirements in accordance with all applicable laws. If Landmarks Design receives such notice within such Refund Period, Landmarks Design will refund to you the amount Landmarks Design charged you for such Landmarks Design Services, in currency you were originally charged in, and cancel them accordingly. Please note that the Refund amount may be different than the amount you were charged due to currency changes and third party fees. Landmarks Design will not be responsible for any differences caused by change of currency exchange rates or fees you were charged by third parties. After the Refund Period, the Fees paid by you are non-refundable and non-cancellable. In addition, if we find that a notice of cancellation has been given in bad faith or in an illegitimate attempt to avoid payment for services actually received and enjoyed, we reserve our right to still charge the User who provided such notice for any Landmarks Design Services actually received, as permitted by law.
Please note: Certain services purchased on or through the Landmarks Design Services may be non-refundable. These include Third Party Services such as - The terms of each purchased service or application are indicated on the Landmarks Design Website and/or as part of or during the process of purchasing such services or applications. It is your obligation to verify your ability to cancel a service prior to purchasing it. Landmarks Design will not refund any amounts paid for non-refundable Paid Services, applications or Third Party Services.
If, at any time, we record a decline, chargeback or other rejection of a charge of any payable Fees on your Landmarks Design account (“Chargeback”), this will be considered as a breach of your payment obligations hereunder, and your use of the Landmarks Design Services may be automatically disabled or terminated.
In the event a Chargeback is performed, your User Account may be blocked without the option to re-purchase or re-use it, and any data contained in such User Account may be subject to cancellation and Capacity Loss (as defined in Section 7.3 below).
Your use of the Landmarks Design Services will not resume until you re-subscribe for any such Landmarks Design Services, and pay any applicable Fees in full, including any fees and expenses incurred by Landmarks Design and/or any Third Party Services for each Chargeback received (including Fees for Landmarks Design Services provided prior to the Chargeback, handling and processing charges and fees incurred by the payment processor).
If you have any questions or concerns regarding a payment made to Landmarks Design, we encourage you to first contact our Customer Support team before filing a Chargeback or reversal of payment, in order to prevent the Landmarks Design Services from being cancelled and your User Account being blocked, and to avoid the filing of an unwarranted or erroneous Chargeback, which may result in your being liable for its applicable Fees, in addition to re-payment of all the Fees applicable to the Landmarks Design Services purchased (and charged-back) by you.
We reserve our right to dispute any Chargeback received, including by providing the relevant credit card company or financial institution with any information and documentation proving that the User responsible for such Chargeback did in fact authorize the transaction and make use of the services rendered thereafter.
7.1. Cancellation by User
You may discontinue to use and request to cancel your User Account and/or any Landmarks Design Services at any time, in accordance with the instructions available on the Landmarks Design Services. The effective date and time for such cancellation shall be the date and time on which you have completed the cancellation process on the Landmarks Design Services, and the effective date for cancellation of Paid Services shall be at the end of such Paid Services’ subscription period.
Notwithstanding anything to the contrary in the foregoing, with respect to subscriptions to renewing Paid Services, such subscription will be discontinued only upon the expiration of the respective period for which you have already made payment. Please note that as the cancellation process may take a few days, in order to avoid the next automatic renewal and respective charge the cancellation request should be made at least fourteen (14) days prior to the expiration of the then-current service period.
For more information about cancelling your Paid Services, please visit Landmarks Design Support.
7.2. Cancellation by Landmarks Design
Failure to comply with any of the Landmarks Design Terms and/or to pay any due Fee shall entitle Landmarks Design to suspend (until full payment is made) or cancel your User Account and User Platform (or certain features thereof), as well as the provision of any related Landmarks Design Services (e.g., Paid Services) or Third Party Services to you.
7.3. Loss of Data, Content, and Capacity
If your User Account or any Landmarks Design Services or Third Party Services related to your User Account are cancelled (whether at your request or at Landmarks Design’s discretion), it may cause or result in the loss of certain content, features, or capacity of your User Account, including any User Content, End User data or other usage data retained therein, that was included in such Services . Landmarks Design shall not be liable in any way for such Capacity Loss, or for saving a backup of your User Account, User Content or End User data. Please also note that additional Fees may apply to re-activation of a User Account and/or any Landmarks Design Services following their cancellation, as determined by Landmarks Design in its sole discretion.
8. Disclaimer of Warranties
We provide the Landmarks Design Services on an “As Is”, “with all faults” and “As Available” basis, without any warranties of any kind, including any implied warranties or conditions of merchantability, fitness for a particular purpose, workmanlike effort, non-infringement, or any other warranty – all to the fullest extent permitted by law. We specifically do not represent or warrant that the Landmarks Design Services (or any part, feature or Content thereof) are complete, accurate, of any certain quality, reliable or secure in any way, suitable for or compatible with any of your (or your End Users’) contemplated activities, devices, operating systems, browsers, software or tools (or that they will remain as such at any time), or comply with any laws applicable to you or your End Users (including in any jurisdiction in which you operate), or that their operation will be free of any viruses, bugs or other harmful components or program limitations. Moreover, we do not endorse any entity, product or service (including any Third Party Services) mentioned on or made available via the Landmarks Design Services – so please be sure to verify those before using or otherwise engaging them.
For a complete professional-level landscape design, the Landmarks Design online design service should be augmented by an onsite visit and consultation by another qualified landscape professional. Always observe local, state and federal zoning and environmental laws in any landscape installation. Landmarks Design's online design service does not include drainage or engineering work that your property may require.
Landmarks Design's online design service will provide landscape design services in accordance with the limitations inherent in remote design without personal on-site inspection. Therefore, Landmarks Design does not warrant that the plan will result in a landscape and/or garden satisfactory to Client, or that plantings will be successful. Client’s sole remedy and Landmarks Design’s sole obligation is to provide a substitute Plan in the event it does not provide the initial Plan in accordance with this Agreement.
Landmarks Design may, at its sole discretion (however it shall have no obligation to do so), screen, monitor and/or edit any User Platform and/or User Content, at any time and for any reason, with or without notice.
Notwithstanding anything to the contrary in the foregoing, in no circumstances may Landmarks Design be considered as a “publisher” of any User Content, does not in any way endorse any User Content, and assumes no liability for any User Content uploaded, posted, published and/or made available by any User or any other party on and/or through the Landmarks Design Services, for any use by any party, or for any loss, deletion or damage thereto or thereof or any loss, damage, cost or expense that you or others may suffer or incur as a result of or in connection with publishing, accessing and/or relying on any User Content. Furthermore, Landmarks Design shall not be liable for any mistakes, defamation, libel, falsehoods, obscenity, pornography, incitement and/or any other unlawful and/or infringing User Content you or any other party may encounter.
You acknowledge that there are risks in using the Landmarks Design Services and/or connecting and/or dealing with any Third Party Services through or in connection with Landmarks Design Services, and that Landmarks Design cannot and does not guarantee any specific outcomes from such use and/or interactions, and you hereby assume all such risks, liabilities and/or harm of any kind arising in connection with and/or resulting from such interactions. Such risks may include, among others, misrepresentation of information about and/or by Third Party Services and/or Licensed Content, breach of warranty and/or contract, violation of rights, and any consequent claims.
Landmarks Design does not recommend the use of the Landmarks Design Services for hosting of personal content and shall not bear any security or integrity obligations or risks regarding breach or damage to any such content.
Please note that certain Landmarks Design Services are currently offered in their BETA version and undergoing BETA testing. You understand and agree that certain Landmarks Design Services may still contain software bugs, suffer disruptions and not operate as intended or designated. Your use of the Landmarks Design Services at this BETA stage signifies your agreement to participate in such Landmarks Design Services’ BETA testing.
9. Limitation of Liability
To the fullest extent permitted by law in each applicable jurisdiction, Landmarks Design, its officers, directors, shareholders, employees, affiliates and/or agents shall not be liable to you for any direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, including any damages resulting from:
Errors, mistakes, or inaccuracies of or in any content;
Any personal injury or property damage related to your use of the Landmarks Design Services;
Any unauthorized access to or use of our servers and/or any personal information and/or other information stored therein;
Any interruption or cessation of transmission to or from the Landmarks Design Services;
The use or display of any Content or User Content posted, emailed, transmitted, or otherwise made available via the Landmarks Design Services;
Events beyond the reasonable control of Landmarks Design, including any internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties; and/or
Loss of use, data, profits, goodwill, or other intangible losses, resulting from the use or the inability to use any or all of Landmarks Design Services.
In no event will Landmarks Design be liable for consequential, special, punitive or other indirect damages even if it has been informed of the likelihood of such damages. The maximum liability of Landmarks Design under this Agreement will be the amount paid by Client for the Design Services that the claim is based upon. Client acknowledges that Landmarks Design can offer the prices and fees under this Agreement only on the condition of these Limitations of Liability.
You acknowledge and agree that these limitations of liability are agreed allocations of risk constituting in part the consideration for Landmarks Design’s services to you, and such limitations will apply even if Landmarks Design -has been advised of the possibility of such liabilities.
You agree to defend, indemnify and hold harmless Landmark Design, its officers, directors, shareholders, employees, affiliates and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including attorneys’ fees) arising from:
Your violation of any third party right, including any copyright, access rights, property, or privacy right, resulting from your User Platform or User Content and/or your use of the Landmarks Design Services, including, without limitation, Landmarks Design Services’ actions for your benefit; and/or
Any other type of claim that your User Platform and/or User Content caused damage to a third party.
11.1. Use of Images
Landmarks Design may use a client’s images and deliverables on our website and marketing materials. We respect our clients’ privacy and will identify projects only by general location such as metropolitan area, region, or state. If Client does not wish his/her project to be used in this manner, written notification must be provided via email to firstname.lastname@example.org.
Our Residential Design Packages service includes telephone or screensharing discussions between Designer and Client. These calls may be recorded by Landmarks Design for quality assurance and training purposes.
11.3. Changes and Updates
Landmarks Design reserves the right to change, suspend or terminate any of the Landmarks Design Services (or any features thereof, or prices applicable thereto), and/or cancel your access to any of the Landmarks Design Services (including removal of any materials created by you in connection with the Landmarks Design Services) for any reason and/or change any of the Landmarks Design Terms with or without prior notice - at any time and in any manner.
You agree that Landmarks Design will not be liable to you or to any third party for any modification, suspension or discontinuance of those Landmarks Design Services.
If any such changes involve the payment of additional Fees, we will provide you with a notice of such Fees prior to enabling such specific changes. If you fail or refuse to pay such Fees, we may (at our sole discretion) cancel your User Account (as further explained in Section 1 above), continue to support your then-current Landmarks Design Services without enabling such changes, or provide you with alternative Services.
11.4. Governing Law and Jurisdiction; Class Action Waiver
This Agreement and the work undertaken pursuant to this Agreement is subject to the laws of the State of Maryland. Any action undertaken by the parties to this Agreement must be brought before the state or federal courts located in Montgomery County, Maryland.
Subject to any applicable law, all disputes between you and Landmarks Design shall only be resolved on an individual basis and you shall not have the right to bring any claim against Landmarks Design as a plaintiff or a member of a class, consolidated or representative actions (or any other legal proceedings conducted by a group or by representatives on behalf of others).
We may provide you with notices in any of the following methods:
Via the Landmarks Design Services, including by a banner or pop-up within the Landmarks Design Website, User Account or elsewhere;
By e-mail, sent to the e-mail address you provided us; and/or
Through any other means, including any phone number or physical address you provided us. Landmarks Design’s notice to you will be deemed received and effective within twenty four (24) hours after it was published or sent through any of the foregoing methods, unless otherwise indicated in the notice.
The Landmarks Design Terms, and your use of the Landmarks Design Services, do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between Landmarks Design and you.
11.7. Entire Agreement
Landmarks Design may assign its rights and/or obligations hereunder and/or transfer ownership rights and title in the Landmarks Design Services and/or Licensed Content to a third party without your consent or prior notice to you. You may not assign or transfer any of your rights and obligations hereunder without the prior written consent of Landmarks Design. Any attempted or actual assignment thereof without Landmarks Design’s prior explicit and written consent will be null and void. In any event, an assignment or transfer pursuant to this Section 11.8 shall not in itself grant either Landmarks Design or you the right to cancel any Landmarks Design Services or Third Party Services then in effect.
11.9. Severability and Waivers
If any provision of the Landmarks Design Terms is deemed by a court of competent jurisdiction to be invalid, unlawful, void, or for any reason unenforceable, then such provision shall be deemed severable and will not affect the validity and enforceability of the remaining provisions. No Waiver of any breach or default of any of the Landmarks Design Terms shall be deemed to be a waiver of any preceding or subsequent breach or default.
11.9. Customer Service Contact
To get in touch with our Customer Service - please use any of the options listed below:
Go to Landmarks Design Help Center which is available at: www.landmarksdesign.com/
Send an email message to: email@example.com