Terms of Service
PLEASE READ THESE TERMS OF SERVICE (“TERMS”) CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. BY ACCESSING OR USING THE LANDTRUST PLATFORM, YOU AGREE TO COMPLY WITH AND BE BOUND BY THESE TERMS.
Last Updated: August 20, 2019
These Terms constitute a legally binding agreement ("Agreement") between you and LandTrust, Inc. a Delaware corporation (“LandTrust”) governing your access to and use of the LandTrust website (the "Site"), our mobile applications, and application program interfaces (collectively, "Application") and all associated services (collectively, "LandTrust Services"). The Site, Application and LandTrust Services together are hereinafter collectively referred to as the “LandTrust Platform”.
When these Terms mention “LandTrust,” “we,” “us,” or “our,” it refers to LandTrust.
Landowners alone are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to their Listings and Landowner Services (as defined below). If you have questions about how local laws apply to your Listing(s) and Landowner Service(s) on LandTrust, you should always seek legal guidance.
1. Scope of LandTrust Services
1.1 The LandTrust Platform is an online marketplace that enables registered users (“Users”) and certain third parties who offer services (Users and third parties who offer services are “Landowners” and the services they offer are “Landowner Services”) to publish such Landowner Services on the LandTrust Platform (“Listings”) and to communicate and transact directly with Users who are seeking to book such Landowner Services (Users using Landowner Services are “Sportsmen”). Landowner Services include the offering of single or multi-day access to Landowner’s property for Landowner-specified hunting, fishing or other outdoor sporting activities (“Activities”). A Landowner may also provide Sportsmen access to public lands through the Landowner’s land.
1.2 As the provider of the LandTrust Platform, LandTrust does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or Landowner Services. Landowners alone are responsible for their Listings and Landowner Services. When Users make or accept a booking, they are entering into a contract directly with each other. LandTrust is not and does not become a party to or other participant in any contractual relationship between Users, nor is LandTrust an insurer. LandTrust is not acting as an agent in any capacity for any User. By using the LandTrust Platform, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of another User or other third parties will be limited to a claim against the particular User or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from LandTrust with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other User regarding any Listings.
1.3 While we may help facilitate the resolution of disputes, LandTrust has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or Landowner Services, (ii) the truth or accuracy of any Listing descriptions or other User Content (as defined below), or (iii) the performance or conduct of any User or third party. LandTrust does not endorse any User, Listing or Landowner Services. Any references to a User being "verified" (or similar language) only indicate that the User has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by LandTrust about any User, including the User's identity or background or whether the User is trustworthy, safe or suitable. You should always exercise due diligence and care when deciding whether to use Landowner Services, accept a booking request from a Sportsman, or communicate and interact with other Users, whether online or in person.
1.4 If you choose to use the LandTrust Platform as a Landowner, your relationship with LandTrust is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of LandTrust for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of LandTrust. LandTrust does not, and shall not be deemed to, direct or control you generally or in your performance under these Terms specifically, including in connection with your provision of the Landowner Services. You acknowledge and agree that you have complete discretion whether to list Landowner Services or otherwise engage in other business or employment activities.
1.5 To promote the LandTrust Platform and to increase the exposure of Listings to potential Sportsmen, Listings and other User Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements.
1.6 The LandTrust Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. LandTrust is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by LandTrust of such Third-Party Services.
1.7 Due to the nature of the Internet, LandTrust cannot guarantee the continuous and uninterrupted availability and accessibility of the LandTrust Platform. LandTrust may restrict the availability of the LandTrust Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the LandTrust Platform. LandTrust may improve, enhance and modify the LandTrust Platform and introduce new LandTrust Services from time to time.
2. Eligibility, Using the LandTrust Platform, User Verification
2.1 In order to access and use the LandTrust Platform or register a LandTrust Account you must be an individual at least 18 years old or a duly organized, validly existing business, organization or other legal entity in good standing under the laws of the country you are established and able to enter into legally binding contracts.
2.2 LandTrust may make access to and use of the LandTrust Platform, or certain areas or features of the LandTrust Platform, subject to certain conditions or requirements.
2.3 User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any User’s identity.
3. Modification of these Terms
LandTrust reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the LandTrust Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of the modifications by email at least thirty (30) days before the date they become effective. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the LandTrust Platform will constitute acceptance of the revised Terms.
4. Account Registration
4.1 You must register an account ("LandTrust Account") to access and use certain features of the LandTrust Platform, such as publishing or booking a Listing. If you are registering a LandTrust Account for a business, organization or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.
4.2 You can register a LandTrust Account using an email address and creating a password, or through your account with certain third-party social networking services, such as Facebook or Google ("SNS Account"). You have the ability to disable the connection between your LandTrust Account and your SNS Account at any time, by accessing the "Settings" section of the LandTrust Platform.
4.3 You must provide accurate, current and complete information during the registration process and keep your LandTrust Account and public LandTrust Account profile page information up-to-date at all times.
4.4 You may not register more than one (1) LandTrust Account unless LandTrust authorizes you to do so. You may not assign or otherwise transfer your LandTrust Account to another party.
4.5 You are responsible for maintaining the confidentiality and security of your LandTrust Account credentials and may not disclose your credentials to any third party. You must immediately notify LandTrust if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your LandTrust Account. You are liable for any and all activities conducted through your LandTrust Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).
5.1 LandTrust may, at its sole discretion, enable Users to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the LandTrust Platform ("User Content"); and (ii) access and view User Content and any content that LandTrust itself makes available on or through the LandTrust Platform, including proprietary LandTrust content and any content licensed or authorized for use by or through LandTrust from a third party ("LandTrust Content" and together with User Content, "Collective Content").
5.2 The LandTrust Platform, LandTrust Content, and User Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge and agree that the LandTrust Platform and LandTrust Content, including all associated intellectual property rights, are the exclusive property of LandTrust and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the LandTrust Platform, LandTrust Content or User Content. All trademarks, service marks, logos, trade names, and any other source identifiers of LandTrust used on or in connection with the LandTrust Platform and LandTrust Content are trademarks or registered trademarks of LandTrust in the United States and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the LandTrust Platform, LandTrust Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.
5.3 You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the LandTrust Platform or Collective Content, except to the extent you are the legal owner of certain User Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by LandTrust or its licensors, except for the licenses and rights expressly granted in these Terms.
5.4 Subject to your compliance with these Terms, LandTrust grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view any Collective Content made available on or through the LandTrust Platform and accessible to you, solely for your personal and non-commercial use.
5.6 You are solely responsible for all User Content that you make available on or through the LandTrust Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available on or through the LandTrust Platform or you have all rights, licenses, consents and releases that are necessary to grant to LandTrust the rights in and to such User Content, as contemplated under these Terms; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or LandTrust's use of the User Content (or any portion thereof) as contemplated under these Terms will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
5.7 You will not post, upload, publish, submit or transmit any User Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person; (v) promotes illegal or harmful activities or substances; or (vi) violates LandTrust policy. LandTrust may, without prior notice, remove or disable access to any User Content that LandTrust finds to be in violation of applicable law, these Terms, or otherwise may be harmful or objectionable to LandTrust, its Users, third parties, or property.
5.8 LandTrust respects copyright law and expects its Users to do the same. If you believe that any content on the LandTrust Platform infringes copyrights you own, please notify us in accordance with our Copyright Policy.
6. Service Fees
6.1 LandTrust may charge fees to Landowners ("Landowner Fees") and/or Sportsmen ("Sportsman Fees") (collectively, "Service Fees") in consideration for the use of the LandTrust Platform. More information about when Service Fees apply and how they are calculated can be found on our Service Fees page.
6.2 Any applicable Service Fees (including any applicable Taxes) will be displayed to a Landowner or Sportsman prior to publishing or booking a Listing. LandTrust reserves the right to change the Service Fees at any time, and will provide Users adequate notice of any fee changes before they become effective. Such fee changes will not affect any bookings made prior to the effective date of the fee change.
6.3 You are responsible for paying any Service Fees that you owe to LandTrust.
6.4 You will not use the LandTrust Platform, LandTrust Content, and User Content, in an effort to contravene any rights of LandTrust to collect Services Fees.
7. Terms specific for Landowners
7.1 Terms applicable to all Listings
7.1.1 When creating a Listing through the LandTrust Platform you must (i) provide complete and accurate information about your Landowner Service (such as listing description, location, and calendar availability), (ii) disclose any deficiencies, restrictions and requirements that apply and (iii) provide any other pertinent information requested by LandTrust. You are responsible for keeping your Listing information (including calendar availability) up-to-date at all times.
7.1.2 When creating a listing, you represent and warrant that you are the owner of the property, or have the right to list the property in the LandTrust Platform.
7.13 You are solely responsible for setting a price (including any Taxes if applicable) for your Listing (“Listing Fee”). Once a Sportsman requests a booking of your Listing, you may not request that the Sportsman pays a higher price than in the booking request.
7.1.4 Any terms and conditions included in your Listing, in particular in relation to cancellations, must not conflict with these Terms or the relevant cancellation policy for your Listing.
7.1.5 Pictures, animations or videos (collectively, "Images") used in your Listings must accurately reflect the quality and condition of your Landowner Services.
7.1.6 The placement and ranking of Listings in search results on the LandTrust Platform may vary and depend on a variety of factors, such as Sportsman search parameters and preferences, Landowner requirements, price and calendar availability, number and quality of Images, customer service and cancellation history, Reviews and Ratings, type of Landowner Service, and/or ease of booking.
7.1.7 When you accept or have pre-approved a booking request by a Sportsman, you are entering into a legally binding agreement with the Sportsman and are required to provide your Landowner Service(s) to the Sportsman as described in your Listing when the booking request is made. You also agree to pay the applicable Landowner Fee and any applicable Taxes.
7.1.8 LandTrust recommends that Landowners obtain appropriate insurance for their Landowner Services. Please review any respective insurance policy carefully, and in particular make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Sportsmen while participating in your Landowner Service.
7.1.9 When listing an Activity you must, where applicable, fully educate and inform Sportsmen about (i) any risks inherent to the Activity, (ii) any requirements for participation, such as the minimum age, related skills, level of fitness or other requirements, and (iii) anything else they may need to know to safely participate in the Activity (including special certifications or licenses).
8. Terms specific for Sportsmen
8.1 Terms applicable to all bookings
8.1.1 Subject to meeting any requirements (such as completing any verification processes) set by LandTrust and/or the Landowner, you can book a Listing available on the LandTrust Platform by following the respective booking process. All applicable fees, including the Listing Fee, Security Deposit (if applicable), Sportsman Fee and any applicable Taxes (collectively, “Total Fees”) will be presented to you prior to booking a Listing. You agree to pay the Total Fees for any booking requested in connection with your LandTrust Account.
8.1.2 Upon receipt of a booking confirmation from LandTrust, a legally binding agreement is formed between you and your Landowner, subject to any additional terms and conditions of the Landowner that apply, including in particular the applicable cancellation policy and any rules and restrictions specified in the Listing.
8.1.3 If you book a Landowner Service on behalf of additional Sportsmen, you are required to ensure that every additional Sportsman meets any requirements set by the Landowner, and is made aware of and agrees to these Terms and any terms and conditions, rules and restrictions set by the Landowner. If you are booking for an additional Sportsman who is a minor, you represent and warrant that you are legally authorized to act on behalf of the minor. Minors may only participate in the Landowner Service if accompanied by an adult who is responsible for them.
8.1.4 You should carefully review the description of any Landowner Service you intend to book to ensure you (and any additional Sportsmen you are booking for) meet any minimum age, proficiency, fitness or other requirements which the Landowner has specified in their Listing.
8.1.5 Before and during an Activity you must at all times adhere to the Landowners’ instructions and all applicable laws.
8.1.6 Each Sportsman is responsibility for ensuring that he has all appropriate permits, licenses, and tags.
8.1.7 Each Sportsman is responsible for his own safety and for handling an emergency, and should have a plan of what to do in case he needs assistance. Each Sportsman should have a method of communication and check-in process, but should also be aware that cell coverage is spotty and not always reliable. Sportsmen cannot expect Landowners to rescue them. For a medical emergency, Sportsmen should contact emergency services.
9. Booking Modifications, Cancellations and Refunds
9.1 Landowners and Sportsmen are responsible for any modifications to a booking that they make via the LandTrust Platform or direct LandTrust customer service to make ("Booking Modifications"), and agree to pay any additional Listing Fees, Landowner Fees or Sportsman Fees and/or Taxes associated with such Booking Modifications.
9.2 Sportsmen can cancel a confirmed booking at any time pursuant to the Listing’s cancellation policy set by the Landowner.
9.3 If a Landowner cancels a confirmed booking, the Sportsman will receive a full refund of the Total Fees for such booking.
10. Ratings and Reviews
10.1 Within a certain time frame after completing a booking, Sportsmen and Landowners can leave a public review (“Review”) and submit a star rating (“Rating”) about each other. Ratings or Reviews reflect the opinions of individual Users and do not reflect the opinion of LandTrust. Ratings and Reviews are not verified by LandTrust for accuracy and may be incorrect or misleading.
10.2 Ratings and Reviews by Sportsmen and Landowners must be accurate and may not contain any offensive or defamatory language.
10.3 Users are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party to write a positive or negative Review about another User.
10.4 Ratings and Reviews are part of a User’s public profile and may also be surfaced elsewhere on the LandTrust Platform (such as the Listing page) together with other relevant information such as number of bookings, number of cancellations, average response time and other information.
11. Damage to Property, Disputes between Users
11.1 As a Sportsman, you are responsible for leaving the Landowner’s property in the condition it was in when you arrived. You are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the property.
13.1 As a Landowner you are solely responsible for determining your obligations to report, collect, remit or include in your Listing Fees any applicable VAT or other indirect sales taxes, occupancy tax, tourist or other visitor taxes or income taxes ("Taxes").
13. Prohibited Activities
13.1 You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the LandTrust Platform. In connection with your use of the LandTrust Platform, you will not and will not assist or enable others to:
- breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms;
- use the LandTrust Platform or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies LandTrust endorsement, partnership or otherwise misleads others as to your affiliation with LandTrust;
- use the LandTrust Platform in connection with the distribution of unsolicited commercial messages ("spam");
- offer, as a Landowner, access to property that you do not yourself own or have permission to make available through the LandTrust Platform;
- contact another User for any purpose other than asking a question related to your own booking, Listing, or the User's use of the LandTrust Platform, including, but not limited to, recruiting or otherwise soliciting any User to join third-party services, applications or websites, without our prior written approval;
- use the LandTrust Platform to request, make or accept a booking independent of the LandTrust Platform, to circumvent any Service Fees or for any other reason;
- request, accept or make any payment for Listing Fees outside of the LandTrust Platform. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold LandTrust harmless from any liability for such payment;
- discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any violent, harmful, abusive or disruptive behavior;
- use, display, mirror or frame the LandTrust Platform or Collective Content, or any individual element within the LandTrust Platform, LandTrust's name, any LandTrust trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the LandTrust Platform, without LandTrust's express written consent;
- dilute, tarnish or otherwise harm the LandTrust brand in any way, including through unauthorized use of Collective Content, registering and/or using LandTrust or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domain names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to LandTrust domains, trademarks, taglines, promotional campaigns or Collective Content;
- use any robot, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the LandTrust Platform for any purpose;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by LandTrust or any of LandTrust's providers or any other third party to protect the LandTrust Platform;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the LandTrust Platform;
- take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the LandTrust Platform;
- export, re-export, import, or transfer the Application except as authorized by United States law, the export control laws of your jurisdiction, and any other applicable laws; or
- violate or infringe anyone else’s rights or otherwise cause harm to anyone.
13.2 You acknowledge that LandTrust has no obligation to monitor the access to or use of the LandTrust Platform by any User or to review, disable access to, or edit any User Content, but has the right to do so to (i) operate, secure and improve the LandTrust Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Users’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to User Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Users agree to cooperate with and assist LandTrust in good faith, and to provide LandTrust with such information and take such actions as may be reasonably requested by LandTrust with respect to any investigation undertaken by LandTrust or a representative of LandTrust regarding the use or abuse of the LandTrust Platform.
13.3 If you feel that any User you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to LandTrust by contacting us with your police station and report number (if available). You agree that any report you make will not obligate us to take any action (beyond that required by law, if any).
14. Term and Termination, Suspension and other Measures
14.1 This Agreement shall be effective until such time when you or LandTrust terminate the Agreement in accordance with this Section 14.
14.2 You may terminate this Agreement at any time by sending us an email. If you cancel your LandTrust Account as a Landowner, any confirmed booking(s) will be automatically cancelled and your Sportsmen will receive a full refund, net of LandTrust’s booking fees. If you cancel your LandTrust Account as a Sportsman, any confirmed booking(s) will be automatically cancelled and any refund will depend upon the terms of the Listing’s cancellation policy.
14.3 Without limiting our rights specified below, LandTrust may terminate this Agreement for convenience at any time by giving you thirty (30) days' notice via email to your registered email address.
- cancel any pending or confirmed bookings;
- limit your access to or use of the LandTrust Platform;
- temporarily or permanently suspend your LandTrust Account and stop providing access to the LandTrust Platform.
14.6 When this Agreement has been terminated, you are not entitled to a restoration of your LandTrust Account or any of your User Content. If your access to or use of the LandTrust Platform has been limited or your LandTrust Account has been suspended or this Agreement has been terminated by us, you may not register a new LandTrust Account or access and use the LandTrust Platform through an LandTrust Account of another User.
14.8 Sections 5 and 15 to 21 of these Terms shall survive any termination or expiration of this Agreement.
If you choose to use the LandTrust Platform or Collective Content, you do so voluntarily and at your sole risk. The LandTrust Platform and Collective Content is provided “as is”, without warranty of any kind, either express or implied.
You agree that you have had whatever opportunity you deem necessary to investigate the LandTrust Services, laws, rules, or regulations that may be applicable to your Listings and/or Landowner Services you are receiving and that you are not relying upon any statement of law or fact made by LandTrust relating to a Listing.
YOU AGREE THAT SOME LANDOWNER SERVICES MAY CARRY INHERENT RISK, AND BY PARTICIPATING IN SUCH SERVICES, YOU CHOOSE TO ASSUME THOSE RISKS VOLUNTARILY. FOR EXAMPLE, SOME LANDOWNER SERVICES MAY CARRY RISK OF ILLNESS, BODILY INJURY, DISABILITY, OR DEATH, AND YOU FREELY AND WILLFULLY ASSUME THOSE RISKS BY CHOOSING TO PARTICIPATE IN THOSE LANDOWNER SERVICES. YOU ASSUME FULL RESPONSIBILITY FOR THE CHOICES YOU MAKE BEFORE, DURING AND AFTER YOUR PARTICIPATION IN A LANDOWNER SERVICE. IF YOU ARE BRINGING A MINOR AS AN ADDITIONAL SPORTSMAN, YOU ARE SOLELY RESPONSIBLE FOR THE SUPERVISION OF THAT MINOR THROUGHOUT THE DURATION OF YOUR LANDOWNER SERVICE AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE TO RELEASE AND HOLD HARMLESS LANDTRUST FROM ALL LIABILITIES AND CLAIMS THAT ARISE IN ANY WAY FROM ANY INJURY, DEATH, LOSS OR HARM THAT OCCURS TO THAT MINOR DURING THE LANDOWNER SERVICE OR IN ANY WAY RELATED TO YOUR LANDOWNER SERVICE. YOU FURTHER AGREE TO RELEASE AND HOLD HARMLESS LANDOWNER FROM ALL LIABILITY AND CLAIMS THAT ARISE IN ANY WAY FROM ANY INJURY, DEATH, LOSS OR HARM THAT OCCURS TO YOU OR A MINOR DURING YOUR PARTICIPATION IN THE LANDOWNER SERVICES, OTHER THAN ANY SUCH INJURY, DEATH, LOSS OR HARM ARISING FROM LANDOWNER’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE LANDTRUST PLATFORM AND COLLECTIVE CONTENT, YOUR PUBLISHING OR BOOKING OF ANY LISTING VIA THE LANDTRUST PLATFORM, YOUR PARTICIPATION LANDOWNER SERVICE, OR ANY OTHER INTERACTION YOU HAVE WITH OTHER USERS WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER LANDTRUST NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE LANDTRUST PLATFORM OR COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH (I) THESE TERMS, (II) FROM THE USE OF OR INABILITY TO USE THE LANDTRUST PLATFORM OR COLLECTIVE CONTENT, (III) FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OR OTHER PERSONS WITH WHOM YOU COMMUNICATE, INTERACT OR MEET WITH AS A RESULT OF YOUR USE OF THE LANDTRUST PLATFORM, OR (IV) FROM YOUR PUBLISHING OR BOOKING OF A LISTING, INCLUDING THE PROVISION OR USE OF A LISTING’S LANDOWNER SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT LANDTRUST HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. In no event will LandTrust’s aggregate liability arising out of or in connection with these Terms and your use of the LandTrust Platform including, but not limited to, from your publishing or booking of any Listings via the LandTrust Platform, or from the use of or inability to use the LandTrust Platform or Collective Content and in connection with any Landowner Service or any interactions with any other Users, exceed the amounts you have paid or owe for bookings via the LandTrust Platform as a Sportsman in the twelve (12) month period prior to the event giving rise to the liability, or if you are a Landowner, the amounts paid by LandTrust to you in the twelve (12) month period prior to the event giving rise to the liability, or one hundred U.S. dollars (US$100), if no such payments have been made, as applicable. The assumption of liability and limitations of damages set forth above are fundamental elements of the basis of the bargain between LandTrust and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
In addition, each Sportsman, on behalf of himself and each member and/or guest of Sportsman, agrees to indemnify, defend, and save and hold the Landowner, its affiliates, and all of their agents, contractors, and employees (collectively, the “Landowner Indemnified Parties”) free and harmless for, from, and against any and all liens, claims, loss, injury, costs, liability, demands, causes of action, and/or damages including any incidental and consequential expenses/damages incurred by the Landowner Indemnified Parties associated with or at all attributable to (directly or indirectly) any injury to or death of persons or damage to property (including but not in any way limited to the Landowner's property and costs and attorney fees incurred in defense), in whole or in part caused by, associated with, or in any way attributable to (directly or indirectly), the condition of the Landowner’s property and/or by acts of commission, omission or negligence on the part of the Sportsman, his guests, agents or employees, (including trespass onto neighboring lands), arising in conjunction with access to the Landowner Services, whether such loss or liability is caused or contributed to by any act of the Landowner Indemnified Parties or by the condition of the Landowner’s property, including the conditions of any private roads, bridges, drainage structures, gates, or other infrastructure installed or maintained by any of the Landowner Indemnified Parties
18. Dispute Resolution and Arbitration Agreement
18.1 This Dispute Resolution and Arbitration Agreement shall apply if your (i) country of residence or establishment is in the United States; or (ii) your country of residence or establishment is not in the United States, but bring any claim against LandTrust in the United States (to the extent not in conflict with Section 20).
18.2 LandTrust is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals to whom Section 18.1 applies: (1) an informal negotiation directly with LandTrust’s customer service team, and (2) a binding arbitration administered by the American Arbitration Association (“AAA”) using its specially designed Consumer Arbitration Rules (as modified by this Section 18 and except as provided in Section 18.6). Specifically, the Consumer Arbitration Rules provide:
- Claims can be filed with AAA online (www.adr.org);
- Arbitrators must be neutral and no party may unilaterally select an arbitrator;
- Arbitrators must disclose any bias, interest in the result of the arbitration, or relationship with any party;
- Parties retain the right to seek relief in small claims court for certain claims, at their option;
- The initial filing fee for the consumer is capped at $200;
- The consumer gets to elect the hearing location and can elect to participate live, by phone, video conference, or, for claims under $25,000, by the submission of documents;
- The arbitrator can grant any remedy that the parties could have received in court to resolve the party’s individual claim.
18.3 Prior to initiating an arbitration, you and LandTrust each agree to notify the other party of the dispute and attempt to negotiate an informal resolution to it first. We will contact you at the email address you have provided to us; you can contact LandTrust’s customer service team by emailing us. If after a good faith effort to negotiate one of us feels the dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed with the AAA and the written Demand for Arbitration (available at www.adr.org) provided to the other party, as specified in the AAA Rules.
18.4 You and LandTrust mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or to the use of the LandTrust Platform, the Landowner Services, or the Collective Content (collectively, “Disputes”) will be settled by binding individual arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and LandTrust agree that the arbitrator will decide that issue.
18.5 You and LandTrust each agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) Any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) Any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack).
18.6 This Arbitration Agreement evidences a transaction in interstate commerce and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the AAA (the “AAA Rules“) then in effect, except as modified here. The AAA Rules are available at www.adr.org or by calling the AAA at 1–800–778–7879.
18.7 In order to make the arbitration most convenient to you, LandTrust agrees that any required arbitration hearing may be conducted, at your option, (a) in the county where you reside; (b) in Gallatin County, Montana; (c) in any other location to which you and LandTrust both agree; (d) via phone or video conference; or (e) for any claim or counterclaim under $25,000, by solely the submission of documents to the arbitrator.
18.8 You and LandTrust agree that LandTrust will be responsible for payment of the balance of any initial filing fee under the AAA Rules in excess of $200 for claims of $75,000 or less. You may be entitled to seek an award of attorney fees and expenses if you prevail in arbitration, to the extent provided under applicable law and the AAA rules. Unless the arbitrator determines that your claim was frivolous or filed for the purpose of harassment, LandTrust agrees it will not seek, and hereby waives all rights it may have under applicable law or the AAA Rules, to recover attorneys’ fees and expenses if it prevails in arbitration.
18.9 The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
18.10 You and LandTrust acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.
18.11 You and LandTrust acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative proceeding as to all Disputes. Further, unless you and LandTrust both otherwise agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If the “class action lawsuit” waiver or the “class-wide arbitration” waiver in this Section 18.11 is held unenforceable with respect to any Dispute, then the entirety of the Arbitration Agreement will be deemed void with respect to such Dispute and the Dispute must proceed in court. If the “private attorney general action” waiver or the “representative proceeding” waiver in this Section 18.11 is held unenforceable with respect to any Dispute, those waivers may be severed from this Arbitration Agreement and you and LandTrust agree that any private attorney general claims and representative claims in the Dispute will be severed and stayed, pending the resolution of any arbitrable claims in the Dispute in individual arbitration.
18.12 Except as provided in Section 18.11, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.
18.13 Notwithstanding the provisions of Section 3m if LandTrust changes this Section 18 after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email) within thirty (30) days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of LandTrust’s email to you notifying you of such change. Rejecting a new change, however, does not revoke or alter your prior consent to any earlier agreements to arbitrate any Dispute between you and LandTrust (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and LandTrust.
18.14 Except as provided in Section 18.12 and subject to Section 14.8, this Section 18 will survive any termination of these Terms and will continue to apply even if you stop using the LandTrust Platform or terminate your LandTrust Account.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the LandTrust Platform (“Feedback“). You may submit Feedback by emailing us, through the “Contact” section of the LandTrust Platform, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
20. Applicable Law and Jurisdiction
These Terms will be interpreted in accordance with the laws of the State of Delaware and the United States of America, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) that are excluded from the Arbitration Agreement in Section 18 must be brought in state or federal court in Bozeman, California, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in Bozeman, California.
21. General Provisions
21.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between LandTrust and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between LandTrust and you in relation to the access to and use of the LandTrust Platform.
21.2 No joint venture, partnership, employment, or agency relationship exists between you and LandTrust as a result of this Agreement or your use of the LandTrust Platform.
21.3 These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
21.4 If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
21.5 LandTrust’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
21.6 You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without LandTrust's prior written consent. LandTrust may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected.
21.7 Unless specified otherwise, any notices or other communications to Users permitted or required under this Agreement, will be provided electronically and given by LandTrust via email, LandTrust Platform notification, or messaging service (including SMS and WeChat).
21.8 It is LandTrust’s policy to terminate membership privileges of any User who repeatedly infringes copyright upon prompt notification to LandTrust by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the LandTrust Platform in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on the LandTrust Platform of the material that you claim is infringing; (4) your address, telephone number and e-mail address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for LandTrust’s Copyright Agent for notice of claims of copyright infringement is as follows: LandTrust, Inc., _____________________, Attn: Copyright Agent.
21.9 If you have any questions about these Terms please email us at email@example.com