Please read our License Agreement then click the acceptance button at the bottom of the page to complete your registration.
LICENSE AGREEMENT
PURPOSE
Land
Data Images, LLC, hereafter referred to as “LDI ”, is providing this License
Agreement to you to set forth the terms applicable to your use of the LDI Web
Site.
PLEASE READ ALL THE TERMS AND PROVISIONS OF THIS LICENSE AGREEMENT VERY
CAREFULLY.
ACCEPTANCE OF LICENSE TERMS
1. UNCONDITIONAL ACCEPTANCE
- You understand that accessing or transmitting information, registering or
otherwise participating in LDI constitutes and shall be deemed an unconditional
acceptance by you of all the terms of this License Agreement. If you do not
agree with all the terms of this License Agreement, you must not use or
participate in LDI .
2. OWNER RIGHT TO MODIFY
- LDI reserves the right, at its sole discretion, to change, modify or add to
this License Agreement, at any time, and without prior notice to you.
3.
MINIMUM AGE - You must be at least 18 years of age to
register with LDI .
4. INFORMATION AND REGISTRATION
- By completing a registration for LDI , you agree that any and all information
that you supply in the registration process and other information that LDI may
require from time to time, is current, truthful, and complete. LDI reserves the
right to terminate your registration with LDI at any time or in the event that
the information provided by you, including your e-mail address, is no longer
current or accurate. You agree to maintain only one active registration with
LDI at all times and you certify that you currently have no other
registration(s) with LDI .
5. CONTENT AND PROPERTY RIGHT
PROTECTIONS - The content available through LDI is the property of LDI
or its licensors and is protected by copyrights, trademarks, service marks,
patents or other proprietary rights and laws. You agree that all content
located at LDI is the sole property of LDI . You understand and agree that the
information in, or derived from LDI , including communications, photos, video,
graphics and other material may not be copied, republished, redistributed,
transmitted, altered, edited or exploited in any manner for any purpose,
without notice to LDI and the prior express written permission of LDI . LDI
neither warrants nor represents that your use of materials displayed on the
Site will not infringe rights of third parties not owned by or affiliated with
LDI .
6. ACCURACY - While LDI
uses reasonable efforts to include accurate and up to date information in the
Site, LDI makes no warranties or representations as to its accuracy. LDI
assumes no liability or responsibility for any errors or omissions in the
content of the Site. LDI will not be responsible to you for any Loss suffered
by you or your Business Affiliate.
7. USER NAME AND PASSWORD
- You shall be the only authorized user of LDI through your User Name and
Password.
8. TRADEMARKS -The
trademarks, logos, and service marks (collectively the “Trademarks”) displayed
on the Site are Trademarks of LDI and others. Nothing contained on the Site
should be construed as granting, by implication, estoppel, or otherwise, any
license or right to use any Trademark displayed on the Site without the written
permission of LDI or such third party that may own the Trademarks displayed on
the Site. Your use of the Trademarks displayed on the Site, or any other
content on the Site, except as provided in this License Agreement, is strictly
prohibited. You are also advised that LDI will aggressively enforce its
intellectual property rights to the fullest extent of the law, including the
seeking of criminal prosecution.
9. TRANSMISSIONS TO SITE
- Any communication or material you transmit to the Site by electronic mail or
otherwise, including any data, questions, comments, suggestions or the list is,
and will be treated as, nonconfidential and nonproprietary. Anything you
transmit or post becomes the property of LDI or its affiliates and may be used
for any purpose, including, but not limited to, reproduction, disclosure,
transmission, publication, broadcast and posting. Furthermore, LDI is free to
use any ideas, concepts, know-how, or techniques contained in any communication
you send to the Site for any purpose whatsoever including, but not limited to,
developing, manufacturing and marketing using such information. Through your
usage of this Site, you may submit and/or LDI may gather certain limited
information about you and your web site usage. LDI is free to use such
information for any purpose it deems appropriate, including, but not limited
to: (i) creating customized web pages; (ii) marketing purposes; (iii) reporting
to regulators and law enforcement agencies.
10. SITE LINKS - LDI has
not reviewed any or all of the sites linked to the Site and is not responsible
for the content of any off-site pages or any other sites linked to the Site.
Your linking to the Site, off-site pages or other sites is at your own risk and
without the permission of LDI .
11. TECHNOLOGICAL INFORMATION
RETRIEVAL TECHNIQUES - Retrieving information with robots or by any
automated means, or by any other method of accessing or using the data and
services provided on this Site other than through the methods provided on the
Site are specifically prohibited. The following are examples, which are not
intended to be an exhaustive list, of prohibited actions: (1) screen scraping
text data; (2) pulling images from the Site (in any format) to avoid the charge
for a PDF version of the same image; and, (3) framing of the Site by another
site; are all specifically prohibited without prior written notice to LDI and
the prior written consent of LDI .
12. RISK OF LOSS - Your
use of and browsing in the Site are at your risk. Neither LDI , any of its
agencies, nor any other party involved in creating, producing, or delivering
the Site is liable for any direct, incidental, consequential, indirect, special
or punitive damages arising out of your access to, or use of, the Site. Without
limiting the foregoing, LDI also assumes no responsibility, and shall not be
liable for, any damages to, or viruses that may infect, your computer equipment
or other property on account of your access to, use of, or browsing in the Site
on your downloading of any materials, data, text, images, video, or audio from
the Site.
LIMITATIONS OF LIABILITY
13. GENERAL LIMITATIONS
- LDI SHALL NOT HAVE ANY LIABILITY OR OBLIGATION TO YOU OR ANY THIRD PARTY
(WHETHER CAUSED DIRECTLY OR INDIRECTLY) RELATING TO LDI , INCLUDING, BUT NOT
LIMITED TO, (I) THE MATERIALS AND OTHER INFORMATION MADE AVAILABLE VIA LDI OR
(II) THE INTERRUPTION, DELAY OR FAILURE IN THE TRANSMISSION, DELIVERY OR
DISTRIBUTION OF THE SERVICES OR MATERIALS.
14. SOLE LIABILITY - LDI
’s SOLE LIABILITY TO YOU FOR ANY CLAIMS, NOTWITHSTANDING THE FORM OF SUCH
CLAIMS (I.E. CONTRACT, NEGLIGENCE OR OTHERWISE), ARISING OUT OF YOUR USE OF LDI
, SHALL BE TO USE LDI ’s REASONABLE EFFORTS TO RESUME THE SERVICES AS PROMPTLY
AS REASONABLY PRACTICABLE.
15. LIMITATION ON REMEDIES
- IN NO EVENT SHALL LDI HAVE ANY LIABILITY FOR LOST PROFITS, INDIRECT,
CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY
OF THE SAME.
16. LIQUIDATED DAMAGES -
IN NO EVENT SHALL LDI ’s AGGREGATE LIABILITY ARISING OUT OF RELATING TO THIS
AGREEMENT EXCEED ONE THOUSAND DOLLARS ($1,000).
WARRANTIES
17. LIMITATIONS - Everything on the Site is provided to you “AS
IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. Please
note that some jurisdictions may not allow the exclusion of implied warranties,
so some of the above exclusions may not apply to you.
18. ORIGINAL SOURCE DISCLAIMER
- The original source of the content of the image and/or data collections
available on this Site is the appropriate government office responsible for
this information, whether purchased directly from the government office or a
third party provider of such data. The government offices, third party data
providers, and LDI bear no responsibility for the integrity or accuracy of the
data contained, either in its form initially provided or due to any
documentation manipulation or reformatting of data that may occur. The use of
trademarks, logos or any other identification of government offices or third
party data providers does not imply that such party supports or endorses any
use made by LDI of data provided or of any other activity of LDI .
19. TERMINATION - You
agree that we may, in our sole discretion, terminate or suspend your access to
all or part of LDI for any reason, including, without limitation: (i) breach of
this License Agreement or any subsequent modifications; or, (ii) attempted assignment
of your membership by you. Any suspected fraudulent, abusive or illegal
activity is grounds for termination of your membership and may be referred to
appropriate law enforcement authorities or governmental regulatory body. LDI
shall not be liable to you or any third party for any claims related to your
termination from LDI .
GENERAL PROVISIONS & CONSTRUCTION OF LICENSE AGREEMENT
20. NON-USE AND NON-DISCLOSURE
BY LDI - The user may access the information available in the databases
as provided in this agreement. User’s access in is noted by LDI for purposes of
billing and for monitoring of the database. The use of the database by the user
will be treated as confidential and proprietary information and such accessed
data will not be used by LDI for any other purposes. Accessed data will not be
disclosed to third parties, unless violations of this Agreement are suspected
and such disclosure shall be limited to regulatory and law enforcement
agencies.
21.
ASSIGNMENT - This License Agreement is not assignable by you or
any Business Affiliate.
22. COUNTERPARTS - This
License Agreement may be accepted electronically in as many counterparts as may
be required and it shall not be necessary that the signature of, or in behalf
of, any party appear on any electronically accepted counterpart.
23. SEVERABILITY - If
any one or more of the terms of this License Agreement shall to any extent be
adjudged invalid, unenforceable, void, or voidable for any reason, each and all
of the remaining terms of this License Agreement shall not be affected thereby
and shall be valid and enforceable to the full extent permitted by law.
24. HEADINGS -
The subject headings of the paragraphs and subparagraphs of this License
Agreement are included for the purpose of convenience only, and shall not
affect the construction or interpretation of any of their provisions.
24. CONSTRUCTION - Any
ambiguities in this agreement shall be construed in favor of LDI .
25. CAPITILIZATION -
Generally, defined terms in this agreement begin with a capital letter.
However, where the context requires, a term, which is not capitalized may also
be construed as a defined term.
26. TIME OF THE ESSENCE
- Time shall be of the essence with respect to each and every term of this
Agreement.
27. TENSE - Where the
context requires, the singular shall include the plural and the plural shall
include the singular.
27. GENERAL TERMS - The
use of specific terms shall not be construed to limit the construction or
meaning of general terms.
28. ENTIRE AGREEMENT -
This License Agreement constitutes the entire agreement between the Parties and
supersedes all prior discussions, understandings or agreements. This Agreement
shall not be amended or modified except by a subsequent written License
Agreement posted to the Site by LDI or by separate written agreement executed
by LDI .
29. ATTORNEY FEES - If
LDI shall institute an action against a User and/or Business Affiliate for
breach of this License Agreement, LDI shall be entitled to collect from the
User all charges, expenses, fees, court costs and actual attorney fees to
incurred by LDI .
29. GOVERNING LAW - To
the extent necessary, all aspects of this License Agreement shall be construed,
enforced, and governed according to and by the laws of the United States of
America, and, where state law is necessary to the implementation of this
License Agreement the laws of the State of Colorado.
30. NO THIRD PARTY BENEFICIARY
- This License Agreement is for the sole benefit of LDI and the User and shall
not be construed or deemed to be made for the benefit of any third party or
parties.
31. WAIVER AND FUTURE COMPLIANCE - A
waiver of any provision of this License Agreement by LDI shall not be construed
to be a waiver of compliance with such provision in the future.
32. GENERAL LAW COMPLIANCE
- User agrees to comply with all federal, state and local laws applicable to:
(i) the use of the Site; and, (ii) the use of the data and/or materials
obtained from the Site in any transaction or transactions where the data or
materials are used.
33. PAYMENT OF INVOICES – You
agree to pay all amounts due within twenty days of your receipt of LDI’s
invoices. Amounts not paid within this
twenty day period shall be subject to interest charge of 1.5 percent per month.
33. NOTICES - All
notices permitted or required to be given under this License Agreement shall be
in writing, addressed as shown below, and may be: (i) personally delivered; or,
(ii) delivered by express courier service; or, (iii) mailed by certified or
registered United States Mail. The effective date of notice shall be: (i) the
date of delivery, for personal or express courier deliveries {which date of
delivery may be evidenced by a receipt signed by an officer of the company
being noticed}; (ii) the date shown on the "return card" for certified
or registered mail if delivery is by certified or registered mail. Said notices
shall be addressed as follows:
Land Data Images, LLC
a
Colorado Corporation
PMB No.
507
303 16th
Street, Suite 016
Denver, CO
80202-5657
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