UPDATED (EFFECTIVE DATE): April 1, 2022
This website is owned and operated by Landscape Lab. Please read these Terms of Use, our Privacy Policy, and any other applicable terms, expressly incorporated herein by reference (the “Terms”) fully and carefully before using WWW.LANDSCAPELAB.NET as they contain certain important information about your legal rights and obligations, including limitations of your rights and exclusions that may apply to you. These Terms set forth legally binding terms and conditions for the use of the site. If you do no agree to these Terms of Use, please do not use the Site.
Key Terms
Landscape Lab refers to the Landscape Lab company registered in Alberta, Canada and is referred to herein as “we,” “us“ or “our.”
“Site” means the website www.landscapelab.net, including all subdomains and subparts, as well as our social media accounts on Facebook, LinkedIn, Instagram, and other platforms and applications for mobile, tablet, and other smart devices, and application programs.
“Content” means logos, design, text, graphics, images, software, audio, video, works of authorship of any kind, and information and other materials that are posted, generated, provided, or otherwise available through or on the Site. Landscape Lab exclusively owns all right, title, and interest in and to the Content, including all related intellectual property rights.
“Terms” refers to the terms and conditions of these Terms of Use and our Privacy Policy.
“User” means any visitor to the Site, regardless of whether or not the visitor registers for the Site or purchases any products or services from the Site, and is referred to herein as “User” or “you.”
“User Generated Content” refers to any video, photographs, text, other comments, or other Content that Users, including you, may upload to the Site. Content includes, without limitation, User Generated Content. We do not claim any ownership rights in any User Generated Content and nothing in these Terms will be deemed to restrict any rights a User may have to use and exploit their own User Generated Content.
Acknowledgment and Acceptance of Terms
By accessing, using, or posting to the Site you agree to be bound by these Terms, and any amendments to them that may be published from time to time on the Site, each of which is incorporated by reference, whether or not you have created and account on the Site. If you are acting on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or legal entity to these Terms and, in such event, “you” or “your” will refer and apply to that company or other legal entity.
If you do not agree to these Terms of Use and or Privacy Policy you do not have permission to access or otherwise use the site, your only remedy is to cease accessing or otherwise using the Site.
Privacy Policy
Users of the Site should refer to our Privacy Policy (which may be updated from time to time) for information about how we collect and use information through the Site. The Privacy Policy can be accessed by clicking this link: https://www.landscapelab.net/privacy-policy/ or on the Privacy Policy link listed at the bottom of each page. By using the Site you understand and agree that we may collect, use, retain, and disclose your personal information to the extent permitted by law and as described in our Privacy Policy, and that our Privacy Policy will govern our collection and use of your personal information to the fullest extent permitted by law.
Intellectual Property
Landscape Lab is the owner of all logos and marks on the Site. We retain and reserve all intellectual property rights in relation to the Site and its Contents.
The Site, including all of Content and organization, graphics, design, compilation, digital conversion, magnetic translation, software, services, and other related matters, is the sole and exclusive property of Landscape Lab and protected by copyright, trademark, other proprietary rights, and other laws of the Canada and foreign countries as are applicable. Unless expressly stated otherwise we retain all proprietary rights in all Content, services, and products available through the Site.
Except as stated herein, none of the Content of the Site may be copied, modified, reproduced, distributed, republished, downloaded, performed, displayed, posted, transmitted, sold, and or made into derivative works in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise without our prior written consent and permission of the respective copyright owner. You may not, without our express written permission or that of the respective copyright owner: (I) copy, upload, publish, post, submit, or transmit any Site Content on any computer network, broadcast, or in any publication media; (II) modify the Site Content; or (III) remove or alter any copyright or other proprietary notices contained in the Site Content. You also may not: (I) sell, resell, or make commercial use of the Site, its Content, services, or products obtained through the Site; (II) collect or use any product listings or descriptions; (III) make derivative uses of the Site or its Content; or (IV) use any data mining, robots, or similar data gathering and extracting methods. You are not conveyed any right or license by implication, estoppel, or otherwise in or under any of our patent, trademark, copyright, or other proprietary rights of any third party.
Eligibility for Use
You may use the Site only if you are eighteen (18) years or older (or the applicable age of majority in your jurisdiction, if greater than eighteen (18) years of age) and capable of forming a binding contract with us and are not barred from using the Site under any applicable law. While you comply with these Terms, you may view and use our Site for your personal, non-commercial purposes. No other use of the Site is authorized.
Rules of Conduct
By using the Site you agree not to do any of the following: (I) use the Site for an unlawful purpose; (II) use the Site in a way that infringes the rights of Landscape Lab or a third party, including but not limited intellectual property rights; (III) use the Site in a way that interferes with anyone else’s enjoyment of the Site, or affiliated, or linked websites; (IV) post, publish, submit, or otherwise transmit any Content that: (a) infringes, misappropriates, or violates a third party’s patent, copyright, trademark, trade secret, or other intellectual property rights, or rights of publicity or privacy; (b) is knowingly false, fraudulent, misleading, or deceptive; (c) is defamatory, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person’s privacy, or otherwise violative of any law; or (d) promotes illegal or harmful activities or substances; (V) disrupt or interfere with the security of, or otherwise abuse, the Site or any service, systems resource, account, server, or network connected to or accessible through the Site, or affiliated and or linked websites; (VI) post, publish, submit or otherwise transmit through or on the Site any viruses or other harmful, disruptive, or destructive files; (VII) use, reproduce, capture, frame, or utilize framing techniques to enclose our trademark, logo, or other proprietary information (including, but not limited to video, images, Content, text, the layout/design of any page or form on the Site without our express written consent; (VIII) use meta tags or other concealed text utilizing our name, trademark, or product name without our express written consent; (IX) deep link to the Site without our express written consent; (X) create or use a false identity on the Site, share your account information, or allow any person besides yourself to use your account to access the Site; (XI) collect or store personal data of others; (XII) attempt to obtain unauthorized access to the Site or portions of it that are restricted from general access; and (XIII) encourage or enable another User or individual to do any of the preceding listed activities.
User Generated Content
You retain ownership of User Generated Content you make available to or through the Site. However, you understand and agree that your User Generated Content will be treated as non-confidential and non-proprietary and will not be returned to you, except as otherwise described in the Privacy Policy. By making any User Content available to or through the Site you agree to grant, and shall be deemed to have automatically granted, to Landscape Lab an irrevocable, perpetual, non-exclusive, sub-licensable, worldwide, royalty-free license to host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute such Content for the any purpose related to operating, promoting and advertising, and improving the Site, our current products and/or products, and/or to develop new product and/or service offerings. You also understand and agree we retain all right, title, and interest in any and all results and proceeds from our use of the User Content to the extent permissible by law, including the right to transfer our rights to use the User Content to any third party, including, but not limited to, any of our subsidiaries or affiliated companies.
You represent and warrant that you have the right, power and authority to grant the foregoing license. You agree that User Generated Content that you submit will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the User Generated Content and grant to Landscape Lab all of the license rights granted herein. You agree to release, discharge and agree to hold harmless Landscape Lab from any and all claims or liability, whether known or unknown, in connection with the publication, production, processing, distribution or exploitation of Content posted by you, including any claims of infringement of any rights of publicity or rights of privacy. Landscape Lab reserves the right to remove User Generated Content without notice. Upon request, you will furnish Landscape Lab with any and all documentation, substantiation, or releases necessary to verify your compliance with these provisions. We are not obligated to make use of any of your User Content or exercise any of the rights granted by these Terms.
You acknowledge, consent and agree that Landscape Lab may, at its sole discretion and to the extent permitted by law, access, read, preserve and disclose your account information, usage history and submitted Content in order to: (I) comply with any applicable law, regulation, legal process, or governmental request; (II) respond to claims that any Content violates the rights of third parties, including intellectual property rights; (III) enforce these Terms of Use and investigate potential violations thereof; (IV) detect, prevent, or otherwise address fraud, security, or technical issues; (V) respond to your requests for customer service; or (f) protect the rights, property, or personal safety or interests of Landscape Lab, other users of the Site (“Users”), or the public.
You may request that we delete your User Content according to the terms of our Privacy Policy by calling us at (825) 459-2100 or emailing us at info@lanscapelab.net. Before we may fulfill a request to access or delete your information, we are required to verify your identity. We will ask you to verify your name, address, email address, telephone number, and/or other information we have collected about you. However, we may retain your Personal Data for an additional period as is permitted or required under applicable laws. Even if we delete your Personal Data, it may persist on backup or archival media for an additional period of time. If you believe that any of the content on the Site infringes your copyright or trademark rights or your rights of publicity, please contact us at at (825) 459-2100 or emailing us at info@lanscapelab.net.
Governing Law, Jurisdiction, and Interpretation
These Terms and any action or proceeding relating thereto will be governed by the laws of the Province of Alberta, Canada. If any provision or part-provision of these Terms is declared invalid, unlawful, void, or for any reason unenforceable, it will be deemed severable and will not affect the validity and enforceability of the remaining provisions of these Terms, which will be enforced to the maximum extent permissible. By using the Site you attorn to the jurisdiction and law of Alberta to settle any dispute that arises through your use of the Site in Alberta’s courts. This provision prevails notwithstanding different conflicts of law provisions that may be applicable in your state, province, region, country, or other jurisdiction.
Disclaimer of Liability
You will defend, indemnify, and hold harmless Landscape Lab, our affiliates, and each of our and their respective officers, directors, employees, contractors, suppliers, representatives, and agents from any and all claims, demands, liabilities, damages, losses, costs, and expenses, including, but not limited to, reasonable attorneys’ fees, that arise from or relate to: (I) Any actions taken in partial or full reliance upon any information provided in this website; (II) Any errors, inaccuracies, inconsistencies or misstatements contained in this website; (III) The suitability for any purposes of any products, materials, services, or information referenced or contained within this website; (IV) your access to or use of the Site or Content; (V) your User Generated Content; (VI) violation of any applicable law that protects Landscape Lab or our legal rights or those of any third party that your actions have damaged; (VII) your violation of these Terms or any applicable law, including, but not limited to, infringement by you of any intellectual property rights owned by Landscape Lab or any third party; and (VIII) any and all activities that occur under or in connection with your account, username, and/or password. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Landscape Lab in asserting any available defences. You agree to be responsible for all such damages, claims, or losses to the fullest extent permitted by law, even if caused by our active or passive negligence, regardless of whether we actual knowledge or imputed knowledge of the possibility of such damages, claims, or losses or or not, and even if they are reasonably foreseeable.
Disclaimer of Warranties
Landscape Lab disclaims all warranties, express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement, or fitness for a particular purpose.
You acknowledge and agree that we do not guarantee or warrant that Content or other files you interact with on the Site or download from the Site will be free of viruses or other harmful code. You acknowledge and agree that you are responsible for implementing sufficient anti-virus and malware protection to satisfy your particular requirements, and for maintaining a means, external to our Site, for any reconstruction of any lost data. We will not be liable for any loss or damage caused by a distributed denial of service attack, viruses, or other technologically harmful material that may infect your computer equipment, software, data, or other proprietary material resulting from your use of the Site, any services or files obtained or accessed through the Site, or any other material downloaded from the site, or any website linked to the Site.
Your use of the Site, its content, and any services or items obtained through the Site is at your own risk. The Site, its content, and any available services obtained through the Site are provided on an as is and as available basis, without any warranties of any kind, express or implied, statutory or otherwise. Neither Landscape Lab nor our affiliates, each of our and their respective officers, directors, employees, contractors, suppliers, representatives, and agents makes any warranty or representation with respect to the completeness, reliability, quality, accuracy, security, or availability of the Site, its Contents, or any products or services obtained through the Site.
Disclaimed warranties do not affect warranties which cannot be limited or excluded by applicable law.
Remedy
If you disagree with the contents of the Website, these Terms of Use or the Privacy Policy, your sole and exclusive remedy is to discontinue using the Website.
Linked Websites
The Site may contain links to third party websites. Any such links shall not imply an endorsement of a product, service, or third party. Third party websites may link to the Site. Landscape Lab has no control over the content of third party websites, therefore we assumes no responsibility or liability for the material on any linked websites.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the Site, so long as the link does not portray Landscape Lab, its owners, shareholders, directors, its employees, its content, products or services in a false, misleading, derogatory, or otherwise offensive manner. You agree to discontinue such hyperlinks if directed to do so by Landscape Lab.
Changes
The Site, these Terms of Use, and Privacy Policy may be updated from time to time, without notice to you, and such changes will be effective immediately upon being posted on the Site. We reserve the right to make changes to these Terms at any time. It is your responsibility to ensure that you continue to agree with them, each time you use the Site you should review the current Terms. The date the Terms were last revised is listed listed at the top of these Terms. Material changes to these Terms will not have retroactive effect. Except for Terms that were in effect at the time any claim or dispute arose between you and Landscape Lab will be applied.
Termination
Landscape Lab may terminate your access the Site at any time in its sole discretion, without cause or for a breach of these Terms of Use.
Geographic Restriction
Our Site is hosted in the United States of America and controlled, operated, and administered from our offices in Alberta, Canada. We make no representation that Content on the Site is appropriate or available for use at other locations outside Canada. Access to the Site is prohibited from jurisdictions where the Content or services or products available through the Site are illegal. If you access the Site from a location outside of the Canada, you are responsible for compliance with all local laws if and to the extent they are applicable.
Questions
Should you have any questions or concerns about this Terms of Use or the accompanying Privacy Policy, please contact info@landscapelab.net.