Effective Date: June 8, 2020
Material Terms: As provided in greater detail in this Agreement (and without limiting the express language of this Agreement), you acknowledge the following:
THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, Landed’s LIABILITY TO YOU IN CONNECTION WITH THE SITE IS LIMITED, AND YOU BEAR ALL RISKS ASSOCIATED WITH ANY INVESTMENTS THAT YOU MAKE ON THE SITE; and
You and Landed agree to resolve all disputes arising under this Agreement through binding arbitration. BY ACCEPTING THIS AGREEMENT, AS PROVIDED IN GREATER DETAIL IN SECTION 10 OF THIS AGREEMENT, YOU AND Landed ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION LAWSUIT.
1. General Terms and Conditions.
Description. The Site: (i) provides general information about our products and services including education related to the homebuying process generally and information and education related to the purchase of a specific home; (ii) allows individual prospective home buyers (“Home Buyers”) to request and receive referrals to real estate brokers and down payment assistance in the form of co-investment agreements (the “Landed Down Payment Option”) and to maintain and conclude those relationships; (iii) facilitates independent real estate brokers and their agents (“Partner Agents”) to sign up for referrals of Home Buyers by Landed and to coordinate a home purchase or sale with Landed, including facilitating Landed’s review of offers for Landed Down Payment Option and approvals of homes for purchase using the same; (iv) facilitates other persons involved in the home sales and purchase settlement process to coordinate transactions and receive referrals from Landed (“Other Professionals”); and (v) permits individuals to submit interest forms and request information from Landed. As used in this Agreement, “User” means all users of the Site, and the “Landed Parties” means Landed and all of its affiliated entities. No agency relationship is formed pursuant to or in connection with a Landed transaction.
Changes to this Agreement. You understand and agree that Landed may change this Agreement at any time without prior notice. You may read a current, effective copy of this Agreement at any time by selecting the appropriate link on the Site. The revised Agreement will become effective at the time of posting, and your use of the Site after such time will constitute your acceptance of the revised Agreement. If any change to this Agreement is not acceptable to you, then your sole remedy is to stop using the Site. Notwithstanding the preceding sentences of this Section 1.b, no revisions to this Agreement will apply to any dispute between you and Landed that arose prior to the effective date of those revisions or change any rights that you had as a Home Buyer that closed a Landed Down Payment Option prior to the effective date of any revisions.
Consideration. Landed currently provides you with access to the Site for free. In return for enjoying this free access, you acknowledge and agree that we may generate revenues, increase goodwill or otherwise increase the value of Landed from your use of the Site, and you will have no right to share in any such revenues, goodwill or value whatsoever. However, we may charge you fees for certain uses of the Site. If we do, then we will notify you of those fees before you have an obligation to pay them.
Eligibility. You must be at least 18 years old and a resident of the United States to use the Site. By agreeing to this Agreement, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Site; (c) you are a resident of the United States; and (d) your registration and use of the Site is in compliance with any and all applicable laws and regulations.
Mobile Sites. The Site will be accessible via a mobile phone, tablet or other wireless device (collectively, “Mobile Sites”). Your mobile carrier’s normal messaging, data, and other rates and fees will apply to your use of the Mobile Sites. You are solely responsible for all costs you incur from accessing the Mobile Sites. In addition, downloading, installing or using certain Mobile Sites may be prohibited or restricted by your mobile carrier, and not all Mobile Sites may work with all carriers or devices. Therefore, you are solely responsible for checking with your mobile carrier to determine if the Mobile Sites are available for your mobile device(s), what restrictions, if any, may be applicable to your use of the Mobile Sites, and how much use of the Mobile Sites will cost you. All use of the Site and the related Mobile Sites must be in accordance with this Agreement.
Additional Obligations. Users that enter into further transactions with Landed, including, but not limited to issuing a Landed Down Payment Option, will be required to enter into further written agreements and make further representations prior to completing any such transaction, which written agreements will supersede this Agreement. You acknowledge and agree that we may get information about you and may verify or reverify any information you provide us for any legitimate business purpose through any source, including provided by a consumer reporting agency or a financial institution, and you authorize the release of such information to us.
2. Registration; Profiles.
Log-In Credentials. You may access the Site generally and/or browse generally without registering with the Site. In order to access certain features of the Site, including uploading or downloading certain documents incident to a Landed Down Payment Option, you must register to create a User profile (“Profile”) and meet all applicable criteria identified on the Site, if any.
Profile Security. You are responsible for the security of your Profile, and are fully responsible for all activities that occur through the use of your credentials. You agree to notify us immediately at email@example.com if you suspect or know of any unauthorized use of your log-in credentials or any other breach of security with respect to your Profile. You are solely responsible for updating any and all pertinent registration information included in your Profile. Landed reserves the right in its sole discretion to refuse registration of or cancel a user name at any time in its sole discretion and without any liability to you. You will not share your password, let anyone else access your Profile, or do anything else that might jeopardize the security of your Profile. You will not transfer your Profile to anyone without first getting our written permission. You acknowledge and agree that you are liable for any damages or losses to Landed and other Users by any use of your Profile, either authorized or unauthorized. We will not be liable for any loss or damage arising from unauthorized use of your credentials. Separate log-in credentials may be required to access Third-Party Sites (defined in Section 8 below).
Accuracy of Information. You must complete the registration process by providing us with current, complete and accurate information. By creating a Profile, you acknowledge and agree that you are doing so out of a genuine interest in learning about or participating in a Landed Down Payment Option and that you are not intentionally creating a Profile to be used for deceptive or unlawful purposes. We reserve the right to disallow, cancel, remove or reassign certain usernames and permalinks in appropriate circumstances, as determined by us in our sole discretion, and may, with or without prior notice, suspend or terminate your Profile if activities occur on your Profile that, in our sole discretion, would or might constitute a violation of this Agreement, cause damage to or impair the Site, infringe or violate any third party rights, damage or bring into disrepute the reputation of Landed, or violate any applicable laws or regulations. If messages sent to the e-mail address you provide are returned as undeliverable, then we may suspend or terminate your Profile immediately without notice to you and without any liability to you or any third party.
3. Use of Materials and Limitations on Advice.
The Landed Content on this Site is for information, education, and noncommercial purposes only. Although some of the Landed Content on the Site may relate to the purchase of real estate and/or use of financial products, the Site is not intended to, and does not, provide legal, tax, real estate, investment or insurance advice. Nothing on the Site should be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any property or financial product by Landed or any third party. Certain planning tools available on the Site may provide general education based on your input. You are solely responsible for determining whether any investment or related transaction is appropriate for you based on your personal investment objectives, financial circumstances and risk tolerance. You should consult your legal or tax professional regarding your specific situation.
It is important that you review in detail all the necessary documents before committing to purchase any property. If you have any questions regarding any of the seller disclosures or property inspection reports, or other documents related to any property, Landed recommends that you contact the relevant party to who provided the documents to clarify any of the items in question prior to making a financial commitment. Any opinion Landed offers to you regarding any property is based solely on the information supplied to Landed, and Landed takes no responsibility regarding its opinion on the state or value of any property.
Nothing on the Site shall be considered a solicitation to buy, or an offer to sell, a security or any other product or service, to any person in any jurisdiction where such offer, solicitation, purchase or sale would be unlawful under the laws of such jurisdiction. No agency relationship is formed pursuant to or in connection with a Landed transaction.
4. Consent to Communications.
5. Electronic Signatures in Global and National Commerce Act/Uniform Electronic Transactions Act
The Federal Electronic Signatures in Global and National Commerce Act (“ESIGN”) and similar state laws, particularly the Uniform Electronic Transactions Act (“UETA”), authorize the creation of legally binding and enforceable agreements utilizing electronic records and signatures. ESIGN and UETA require businesses that want to use electronic records or signatures in consumer transactions to obtain the consumer’s consent to receive information electronically. When a potential User registers on the Site, we obtain his, her or its consent to transact business electronically and maintain electronic records in compliance with ESIGN and UETA requirements.
Your use of electronic signatures to sign documents on the Site legally binds you in the same manner as if you had manually signed such documents. No certification authority or third party verification is necessary to validate any electronic signature and the lack of such certification or verification will not in any way affect the enforceability of such signatures or documents. The use of electronic versions of such documents fully satisfies any requirement that such documents be provided to you in writing. If you sign electronically, you represent that you have the ability to access and retain a record of such documents. You agree that you are responsible for understanding these documents and agree to conduct business by electronic means. You are obligated to review the Site periodically for changes and modifications and agree not to contest the admissibility or enforceability of the Site’s electronically stored copies of these documents or this Agreement in any proceeding arising out of these documents or this Agreement.
Although you consent to electronic delivery, you may elect to deliver communications by other means and such delivery shall not affect your consent. You may revoke consent to electronic delivery of communications and receive a paper version at your election. Landed will have a reasonable period to effect such a change and Landed may charge you a reasonable fee for sending such paper copies. If you elect to use electronic delivery, you agree and represent that you have a suitable computer with Internet access, an email address and the availability to download, save and/or print communications to retain a record of such communications. You agree that you are solely responsible for maintaining such equipment and services required for online access.
6. Intellectual Property.
License. Subject to your complete and ongoing compliance with this Agreement, Landed hereby grants you a revocable, non-exclusive, non-transferable, non-sublicensable, royalty-free and worldwide right and license to access and use the Site solely in strict compliance with the provisions of this Agreement and as permitted by the functionalities of the Site available to you.
Content. The content that Landed provides to you on the Site, including, without limitation, any text, graphics, software, interactive features, information or other materials, is protected by copyright or other intellectual property rights and owned by Landed or its licensors (collectively, the “Landed Content”). Moreover, Landed or its licensors own all design rights, database and compilation rights and other intellectual property rights in and to the Site, in each case whether registered or unregistered, and any related goodwill. We grant the operators of public search engines, permission to use spiders and application programming interfaces to copy non-password protected Landed Content from the Site for the purposes of creating publicly available, searchable indices of the materials, including caches or archives of such materials, and for traffic metrics per our robots.txt file and sitemap.xml file.
Marks. The Landed trademarks, service marks and logos (collectively, the “Landed Trademarks”) used and displayed on the Site are Landed’s registered and/or unregistered trademarks or service marks. Any other product and service names located on any part of the Site may be trademarks or service marks owned by third parties (collectively with the Landed Trademarks, the “Trademarks”). Except as otherwise permitted by law, you may not use the Trademarks to disparage Landed or the applicable third party, Landed or a third party’s products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. You may not use any Trademarks as part of a link to or from any website without Landed’s prior express written consent. All goodwill generated from the use of any Landed Trademark will inure solely to Landed’s benefit.
Restrictions. Landed hereby reserves all rights not expressly granted to you in this Section 6.d. Accordingly, nothing in this Agreement or on the Site will be construed as granting to you, by implication, estoppel or otherwise, any additional license rights in and to the Site or any Landed Content or Trademarks located or displayed on or within the Site.
7. Referral to Third-Party Services
Referrals and Lead Sales. Landed may connect you with a real estate professional or Partner Agent. You authorize us to make such referral or lead sale and acknowledge that we may be paid valuable consideration for facilitating such connection. You may be connected to a party that provides mortgage loan origination services, title and escrow services, or other settlement services. If any of these parties have an affiliated relationship with Landed, then Landed may receive a financial or other benefit from the referral between such affiliates.
Non-Affiliated Financial Products. If you choose to contact a non-affiliated bank, mortgage lender, financial institution, mortgage loan originator, loan broker, or other mortgage professional (“Third-Party Provider”) by filling out a contact request form or otherwise indicating your interest in contacting or being contacted by (including requests for mortgage rate quotes) on the Site, you authorize the Landed to provide the information you submit to the Third-Party Provider. If you include your name, contact information and other information in a request, your identity will no longer be anonymous to the Third-Party Provider. Your submission of information and any request for quotes through the Site is not an application for credit. In the case of non-affiliated financial products, Landed is only providing an administrative service to consumers and participating Third-Party Providers. Loan approval standards are established and maintained solely by individual Third-Party Providers. Decisions in any related non-affiliated transactions are made by participating Third-Party Providers and are not made by Landed. Landed is not responsible for the underwriting activities or credit decisions of any Third-Party Provider. Any non-binding quotes provided by Landed for Third-Party Providers’ financial products are not intended to be official Loan Estimates as defined in the Real Estate Settlement Procedures Act or the Truth in Lending Act, or to otherwise serve as a disclosure of any specific loan terms or conditions under any state or federal law. Interest rates displayed through the Site are for informational purposes only and reflect non-binding quotes of the terms a Third-Party Provider might offer an applicant fitting a consumer’s anonymous profile. Actual interest rates may vary. You should rely on their own judgment in deciding which available loan product, terms, and Third-Party Provider best suit your needs and financial means. Except as outlined in this section, Landed: (i) is not a loan originator, loan processor or underwriter; (ii) does not aid or assist applicants in obtaining loans, soliciting applicants or Third-Party Providers for loans, or offer or negotiate terms of applications or loans; (iii) does not take mortgage applications, make loans or credit decisions, or prequalify or preapprove applicants for loans; (iv) is not an agent of either any consumer or any Third-Party Provider; (v) does not endorse, refer, or recommend any Third-Party Provider that pays Landed, or the products of any Third-Party Provider that pays Landed; (vi) is not responsible for any errors or delays caused by you or any Third-Party Provider in the loan process; and (vii) does not guarantee offer of, or acceptance into, any particular loan program or specific loan terms, conditions, or rates with any Third-Party Provider, or that any rates or terms will be the best available.
8. Restrictions on Use of the Site.
Without limiting any other terms of this Agreement, you agree not to (and not to attempt to):
decipher, decompile, disassemble or reverse engineer any of the software or source code comprising or making up the Site;
use any device, software or routine to interfere or attempt to interfere with the proper working of the Site, or any activity conducted thereon;
delete or alter any material Landed makes available on the Site;
frame or link to any of the materials or information available on the Site;
use or exploit any Trademarks or Landed Content in any manner that is not expressly authorized by this Agreement;
access, tamper with or use non-public areas of the Site, Landed’s (and its hosting company’s) computer systems and infrastructure or the technical delivery systems of Landed’s providers;
provide any false information to Landed;
create a false identity or impersonate another person or entity in any way;
restrict, discourage or inhibit any person from using the Site;
use the Site, without Landed’s prior express written consent, for any unauthorized purpose;
gain unauthorized access to the Site, other Users’ Profiles or to other computers or websites connected or linked to the Site;
transmit to the Site any virus, worm, spyware or any other computer code, file or program that may or is intended to disable, overburden, impair, damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the Site or communications equipment and computers connected thereto;
violate any federal, state or local laws or regulations or the terms of this Agreement; or
assist or permit any person in engaging in any of the activities described above.
9. Third-Party Sites.
While our own staff works to develop and evaluate our own product ideas and features, we pride ourselves on paying close attention to the interests, feedback, comments, and suggestions we receive from the User community. If you choose to contribute by sending Landed or our employees any ideas for, by way of example and not limitation, products, services, features, modifications, enhancements, content, refinements, technologies, promotions, strategies, product/feature names, or any related documentation, artwork, computer code, diagrams, or other materials (collectively “Feedback”), then regardless of what your accompanying communication may say, the following terms will apply, so that future misunderstandings can be avoided. Accordingly, by sending Feedback to Landed, you agree that:
Landed has no obligation to review, consider, or implement your Feedback, or to return to you all or part of any Feedback for any reason;
Feedback is provided on a non-confidential basis, and Landed is not under any obligation to keep any Feedback you send confidential or to refrain from using or disclosing it in any way; and
You irrevocably grant Landed perpetual and unlimited permission to reproduce, distribute, create derivative works of, modify, publicly perform (including on a through-to-the-audience basis), communicate to the public, make available, publicly display, and otherwise use and exploit the Feedback and derivatives thereof for any purpose throughout the universe and without restriction, free of charge, and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody Feedback, whether in whole or in part, and whether as provided or as modified.
11. Dispute Resolution.
General. In the interest of resolving disputes between you and Landed in the most expedient and cost effective manner, you and Landed agree that any dispute arising out of or in any way related to this Agreement or your use of the Site will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to this Agreement or your use of the Site, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether a claim arises during or after the termination of this Agreement. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND Landed ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THIS AGREEMENT SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.
Exceptions. Notwithstanding Section 10.a above, nothing in this Agreement will be deemed to waive, preclude or otherwise limit the right of either party to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) to file suit in a court of law to address an intellectual property infringement claim.
Arbitrator. Any arbitration between you and Landed will be governed by the Federal Arbitration Act and the Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879 or by contacting Landed. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of this binding arbitration agreement.
Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by U.S. Mail (“Notice”). Landed’s address for Notice is: Landed, Inc., 548 Market St, Suite 79600, San Francisco, California 94104 or by email at firstname.lastname@example.org Attn: Legal Department. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, then you or Landed may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Landed must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor with a monetary award that exceeds the last written settlement amount offered by Landed prior to selection of an arbitrator, then Landed will pay you the highest of the following: (1) the amount awarded by the arbitrator, if any; (2) the last written settlement amount offered by Landed in settlement of the dispute prior to the arbitrator’s award; or (3) $15,000.
Fees. If you commence arbitration in accordance with this Agreement, then Landed will reimburse you for your payment of the filing fee, unless your claim is for more than $15,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in San Francisco, California, but if the claim is for $15,000 or less, then you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Landed for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. Each party agrees that such written decision, and information exchanged during arbitration, will be kept confidential except to the extent necessary to enforce or permit limited judicial review of the award. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
No Class Actions. YOU AND Landed AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Landed agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Modifications to this Arbitration Provision. Except as otherwise provided in this Agreement, if Landed makes any future change to this arbitration provision, other than a change to Landed’s address for Notice, then you may reject the change by sending us written notice within 30 days of the change to Landed’s address for Notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and Landed.
Enforceability. If Section 10.f above is found to be unenforceable or if the entirety of this Section 10 is found to be unenforceable, then the entirety of this Section 10 will be null and void.
12. Limitation of Liability and Disclaimer of Warranties.
THE TERMS OF THIS SECTION 12 APPLY TO THE FULLEST EXTENT PERMITTED BY LAW:
NONE OF THE Landed PARTIES MAKES ANY WARRANTIES OR REPRESENTATIONS ABOUT THE SITE OR ANY CONTENT THEREON. ACCORDINGLY, THE SITE AND ALL CONTENT THEREON ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND THE Landed PARTIES HEREBY DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS AND FITNESS FOR A PARTICULAR PURPOSE.
WITHOUT LIMITING SECTION 11.a, THE Landed PARTIES DO NOT WARRANT THAT THE SITE AND ANY CONTENT THEREON ARE FREE OF ERRORS, COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SITE OR ANY CONTENT THEREON RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THEN NO Landed PARTY WILL BE RESPONSIBLE FOR THOSE COSTS.
IN NO EVENT WILL ANY Landed PARTY BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM, OR IN CONNECTION WITH, THE SITE AND ANY CONTENT THEREON, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, EVEN IF THE Landed PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Landed’s LIABILITY, AND THE LIABILITY OF ANY OF THE OTHER Landed PARTIES, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE ARISING FROM THIS AGREEMENT IS LIMITED TO U.S. $100.
THERE MAY BE INADVERTENT TECHNICAL OR FACTUAL INACCURACIES AND TYPOGRAPHICAL ERRORS IN INFORMATION OR MATERIALS ON THE SITE, AND NONE OF THE Landed PARTIES MAKES ANY WARRANTIES REGARDING THE ACCURACY, COMPLETENESS OR TIMELINESS OF SUCH INFORMATION OR MATERIALS. NONE OF THE Landed PARTIES PROVIDES ANY GUARANTEES AGAINST THE POSSIBILITY OF DELETION, MIS-DELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. THE Landed PARTIES HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR ERRORS OR OMISSIONS IN, OR THE MISUSE OR MISINTERPRETATION OF, ANY INFORMATION OR MATERIALS CONTAINED ON THE SITE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ANY OF THE Landed PARTIES OR OTHERWISE THROUGH THE SITE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
13. Third Party Disputes.
ANY DISPUTE YOU HAVE WITH ANY THIRD PARTY, INCLUDING OTHER USERS, IN CONNECTION WITH YOUR USE OF THE SITE IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY. ACCORDINGLY, TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY IRREVOCABLY RELEASE THE Landed PARTIES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
To the fullest extent permitted by law, you agree to defend, indemnify and hold harmless the Landed Parties from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (a) your breach of this Agreement; or (b) your access to, use or misuse of the Landed Content, Trademarks or any part of the Site; or (c) any false, inaccurate or misleading information you provide to Landed. Landed will provide notice to you of any such claim, suit or proceeding. Landed reserves the right, in its sole discretion, to assume the exclusive defense and control of any matter which is subject to indemnification under this Section at your sole expense if Landed believes that you are unwilling or incapable of defending Landed’s interests. In such case, you agree to cooperate with any reasonable requests assisting Landed’s defense of such matter at your sole expense. Notwithstanding the foregoing, nothing contained in this Agreement shall constitute a waiver by any User of any laws whose applicability is not permitted to be contractually waived.
15. Term and Termination of the Agreement.
Term. As between you and Landed, the term of this Agreement commences on your first use of the Site and continues until the termination of this Agreement by either you or Landed.
Suspension, Termination and Cancellation. You may terminate this Agreement by sending written notification to us at email@example.com and terminating your use of the Site. We reserve the right, in our sole discretion, to restrict, suspend, or terminate your access to all or any part of the Site or to terminate this Agreement at any time without prior notice or liability if you breach any provision of this Agreement or violate the rights of any third party on or through the Site. We reserve the right to change, suspend, or discontinue all or any part of the Site at any time without prior notice or liability.
Survival. Sections 1.b, 1.c, 2.b, 3, 4, 5, 6.b, 6.c, 6.d, 7, 8, 9, 10, 11, 12, 13, 14.c, 15 and all defined terms used therein will survive the termination of this Agreement indefinitely.
This Agreement is governed by the internal substantive laws of the State of California without respect to its conflict of laws provisions. You agree that no joint venture, partnership, employment or agency relationship exists between you and Landed as a result of this Agreement or use of the Site. If any provision of this Agreement is found to be invalid by any court or arbitrator having competent jurisdiction, then the invalidity of such provision will not affect the validity of the remaining provisions of this Agreement, which will remain in full force and effect. Any failure of Landed to act on or enforce any provision of this Agreement will not be construed as a waiver of that provision or any other provision in this Agreement. No waiver will be effective against Landed unless made in writing, and no such waiver will be construed as a waiver in any other or subsequent instance. This Agreement constitutes the entire agreement between you and Landed with respect to the subject matter hereof, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter hereof. The Section headings are provided merely for convenience and will not be given any legal import. This Agreement will inure to the benefit of our successors and assigns. You may not assign this Agreement or any of the rights or licenses granted hereunder without the prior express written consent of Landed. “Assignment” as used in the prior sentence includes any changes of control or sale of stock or assets of any Organization. Landed may assign this Agreement, including all its rights hereunder, without restriction. This Agreement may only be amended in a writing signed by you and an authorized representative of Landed, except as provided in Section 1.b. You acknowledge and agree that you have had the opportunity to consult legal counsel in connection with this Agreement even if you chose not to do so, and this Agreement will not be construed against you or Landed as drafter.
17. Contact Us.
If you would like to contact us for any reason email us at firstname.lastname@example.org.
Landed, Inc. operates Landed.com (together with our affiliates other than Landed Home Loans LLC, “Landed”, “we” or “us”), a technology platform available on https://www.landed.com (“Site”) that provides general information about our products and services and permits (i) individual prospective home buyers (“Home Buyers”) to request and receive referrals to real estate brokers and others, and down payment assistance in the form of equity sharing agreements (“Down Payment Assistance”) and to maintain and conclude those relationships (ii) independent real estate brokers and their agents (“Partner Agents”) to sign up for referrals of Home Buyers by Landed and to coordinate a home purchase or sale with Landed, including facilitating Landed’s review of offers for Down Payment Assistance and approvals of homes for purchase using the same, (iii) other persons involved in the home sales and purchase settlement process to coordinate transactions and receive referrals from Landed (“Other Professionals”) and (iv) individuals to submit interest forms and request information from Landed. By accessing the Site or using the services, tools, applications and software provided through or in connection with the Site, including through a mobile device (the “Service”) in any manner, you become a Landed user (collectively, Home Buyers, Partner Agents and Other Professionals are referred to as “Users”).
1. Personal Information We Collect
We may collect Personal Information about you from various sources described below. Where applicable, we indicate whether and why you must provide us with your Personal Information. If you do not provide Personal Information when requested, you may not be able to benefit from the Service if that information is necessary to provide you with them or if we are legally required to collect that information.
1.1 Information Provided by You
Registration. You provide us some or all of the following Personal Information when you register to be a User (or sign up at an in-person event):
Your email address
Your account log in information.
Partner Agents. If you become a Partner Agent, you are asked to provide us with the following Personal Information in addition to the Personal Information you provide when you register to be a User (in addition in any other information you provide pursuant to a separate, written, agreement with us):
Your legal person or business name;
Your broker’s name and license number(s);
Your license number(s);
Your legal physical address;
Your telephone number;
A summary of your business and experience to present to Home Buyers.
Other Professionals. As an Other Professional, you may provide us with the following Personal Information in addition to the Personal Information you provide when you register to be a User (in addition in any other information you provide pursuant to a separate, written, agreement with us):
Your legal person or business name;
Your legal physical address;
Your telephone number;
A summary of your business and experience to present to Home Buyers.
Home Buyers. If you become a Home Buyer, you or your Partner Agent or associated Other Professional may provide us with the following Personal Information in addition to the Personal Information you provide when you register to be a User:
Know Your Customer-related information;
Offer and disclosure information for each home you place, or want to place, an offer on;
Loan information (including FNMA forms 1003 and 1008) or pre-qualification information through your lender or prospective lender(s);
Your social security number;
Information about your co-buyer(s) or co-borrower(s), if any;
Transaction related information included on your Loan CD;
Other transaction coordination related information;
Estimated Home cost and value;
New home timeline;
If you’re a first time homebuyer;
Partner Agent preference;
Feedback and reviews, which may include race and ethnicity and other information you may elect to provide;
If you choose to use our services and purchase a home by entering into a contract for Down Payment Assistance, you may provide us information during the course of that relationship, while the contract is in effect, such as when you request resubordination of Landed’s security interest, buy out Landed’s Down Payment Assistance or sell your house, or in providing other notices.
Identity verification. You may be asked further information in order to help validate your identity:
Your driver’s license information and/or other government or other identification information;
Other Personal Information as we need for verification.
Communications. We may also collect Personal Information from you as a result of your email or telephone communications with us including a call recording, your emails or posts, our responses, the date and time of the inquiry and any other information you choose to submit to us.
Transaction Information. We may collect details of any requests or transactions you make through the Service.
Business Partners. If you work for one of our business partners or vendors, we will collect your contact details to manage the business relationship.
Job Application. If you apply for a job with us, we will collect your application information, including your resume and the contact details of your referees, as well as any other information you chose to provide to us in the context of your application. Job applicants, employees, directors, officers and contractors should consult Landed's California Employee, Job Applicant, and Contractor Privacy Notice for more information.
1.2 Information Collected via Automated Means
Location Information. When you use the Service via a mobile device, we may collect your location information, provided that you have authorized us to do so via the mobile device operating system.
1.3 Information Provided by Third Parties
Third Party Sign-On. You can sign up for or sign in to your Landed account using Auth0. When you sign in using Auth0, Landed will receive the following information:confirmation that you have successfully logged in, and certain session information. Landed uses this information to authenticate your identity.
Our Partners and Public Sources. We may obtain address information about you from third party and public sources, including Partner Agents, county recorders, your employer, your Other Professionals, government sources including: (1) tax assessments; (2) information contained on the deed, such as name, address, liens, encumbrances, and title, (3) sale prices of similar homes (called "comparables"), (4) whether the home is in an earthquake or flood zone or has any other condition that would affect its market value, (5) permits issued for remodels and additions, (6) RUCA designation for the home's area, and (6) similar information, those involved in a home buying transaction that you are involved in, credit ratings agencies for fraud prevention, automated valuation models, legal compliance or to provide the Services or to collect for other business purposes, as described below.
Partner Agents and Other Professionals. We may collect feedback from Home Buyers and others about your performance and their experiences with you.
2. Use of Information
Purposes of the Processing. We may use your Personal Information in order to:
operate and provide you with the Services, including coordinating and processing transactions, evaluating Down Payment Assistance investment criteria, monitoring our Down Payment Assistance investment and our ongoing relationship;
communicate with you and respond to your inquiries, send you transaction and Service related emails, or other communications;
analyze your preferences, transaction information, interests and behavior in order for us and our affiliates to provide you with tailored content and offers, and the most relevant offers and communications (including through third party advertising platforms such as Facebook, Twitter, Google, etc.);
send you marketing communications including offers, updates and promotions (including through third party advertising platforms such as Facebook, Twitter, Google, etc.);
process and deliver contest sweepstakes entries and rewards;
evaluate our, and our stakeholders’, social impact and share that information (including with customers' employers);
keep your account secure; protect our Site, Service and Users;
analyze and improve our Site and the Service;
to process your job application;
manage our business relationships, including vendor diligence;
Link or combine with other information we receive from third parties to help understand your needs and provide you with better service;
for other purposes for which we provide specific notice at the time of the collection of the information.
3. Disclosure of Information
Landed entities. We may share Personal Information about you with our affiliates and subsidiaries to offer you products/services (including the Services) either directly or through our affiliates (including personal information we obtain in the course of a transaction, or otherwise), which may also be through third party advertising platforms such as Facebook, Twitter, Google, etc.
Home Buyer. As a Home Buyer we communicate with and share Personal Information with your Partner Agent, Other Professionals and others to help deliver the Services to you. Additionally, we may share your comments with Partner Agents and Other Professionals to provide them with feedback. If you elect, we may further share your feedback and comments with media or other similar parties.
Partner Agents and Other Professionals. As a Partner Agent or other Professional we may share your information with interested Home Buyers and others as part of a transaction coordination process.
Service Providers. We may share the information that you have provided us with certain trusted third-party services to help us provide, improve, promote, or protect the Services (including with lenders, banks, escrow services, the Mortgage Electronic Registrations Systems, appraisers, county recorders, service to manage ads on other sites, Partner Agents, Other Professionals, auditors and accountants, fund administrators, cloud-based collaboration, communication and storage software services, and to analyze our Site’s functionality), or prospectively as part of vendor diligence. We may provide such services with additional information that you have provided to us in order to help them or us verify the transaction.
We may also share information that is aggregated and/or anonymized in a way so that it does not directly identify you.
Landed does not and will not sell any of your Personal Information to any unaffiliated third party. We may, however, disclose your Personal Information to other companies or entities as part of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock. In that case your Personal Information may be sold or transferred to the potential or actual acquirer, successor, or assign.
4. Your Rights and Choices
Marketing. We may at times send you e-mail communications with marketing or promotional materials. If you prefer not to receive such marketing or promotional e-mails from us, you may unsubscribe by following the unsubscribe instructions included in these emails.
Please note that opt-out requests may take up to one week to process. Please also note that at times we may need to send you e-mail communications that are transactional in nature such as service communications or contractually required notices, particularly if you use our Down Payment Assistance, which are communications you will not be able to opt-out of.
Location Information. Most mobile devices allow you to control or disable location services in the device’s setting’s menu. If you have questions about how to disable your device’s location services, we recommend you contact your mobile service carrier or the manufacturer of your particular device.
Other choices. If you would like us to remove, or provide additional access to, any Personal Information from our database to the extent required by law, please send a request via to email@example.com or call 1-888-459-0659 and we will do so or you will receive a response within 45 days, in any event we will confirm receipt of your request within 10 days; we may attempt to verify a request by calling or sending you a letter to a number or address that we have on file for you, if any. Users are able to reset their password through the account management page of their profiles. Partner Agents are able to access, update and modify information concerning their accounts by visiting their Profile page and editing any information in their Profiles. If you wish to change your e-mail address, contact information, privacy settings or other login information, or suspend your account or need help modifying account information, please contact your regular Landed contact or firstname.lastname@example.org
Please view this Privacy Notice for certain information choices.
California Residents. Under California law, California Residents who have an established business relationship with Landed may choose to opt out of Landed’s disclosure of personal information about them to third parties for direct marketing purposes. If you choose to opt out at any time after granting approval, please email email@example.com.
Under the California Consumer Privacy Act (CCPA), California Residents have the right to request the following information from Landed by emailing firstname.lastname@example.org and we will provide such information to you upon verification of your request:
The categories of personal information we collect about you;
The categories of sources from which your personal information is collected;
The business purpose for collecting your personal information;
The categories of third parties with whom we share your personal information; and
The specific pieces of personal information we have collected about you.
5. Unsolicited Idea Submissions
We are always pleased to hear from you, and welcome your comments or suggestions. However, products, services, and features developed by us might be similar or even identical to a submission that we receive. When we refer to a “submission” in this paragraph, we mean: any submission, pitch, comment, or suggestion (including, but not limited to, ideas, products, or services and suggested changes) made either on the Site or to us about an existing product or service on, or a feature of, or a proposed addition to, the Site.
With regard to submissions:
(1) all such submissions are non-confidential and non-proprietary and will be treated as non-confidential and non-proprietary;
(2) we will have no express or implied obligation or liability of any kind concerning the submissions, including, for example, any use or disclosure of the submissions; and,
(3) we are entitled to unrestricted use or disclosure of the submissions for any purpose whatsoever, all without compensation to the User that submitted the submission.
6. Data Transfers
Since Landed is based in the United States, your Personal Information will be collected and processed in the United States. The United States has its own laws governing data protection and government access to information. The rules that protect your personal information under United States law may be different than in your home country.
7. Links to Other Websites and Social Media Widgets
Our Site includes links to other websites whose privacy practices may differ from those of Landed. When you use a link to go from our Site to another website, the privacy statement for the other website governs. We encourage you to carefully read and understand the privacy statement of any website you visit.
8. Security and Data Retention
Security. The security of your Personal Information is important to us. We follow generally accepted standards and have implemented security measures we believe to be appropriate in order to protect the Personal Information we collect, both during transmission and once we receive it. However, no method of transmission over the internet, or method of electronic storage, is completely secure. Therefore, we cannot guarantee its absolute security. If you have any questions about security on our Site, you can contact us at email@example.com.
We use Security Sockets Layer (SSL) encryption technology to encrypt Personal Information before it travels over the internet.
It is important for you to protect against unauthorized access to your password and to your computer. Be sure to log off when finished using a shared computer.
We will promptly notify those persons whose Personal Information is compromised. Notwithstanding, Landed does not accept liability for any unintentional disclosure or a disclosure that occurs due to a security breach of our systems or facilities, other than as required by law.
Data Retention. When determining the retention periods, we take into account various criteria, such as the type of products and services requested by or provided to you, the nature and length of our relationship with you, possible re-enrollment with our products or services, the impact on the services we provide to you if we delete some information from or about you, mandatory retention periods provided by law and statutes of limitations.
The Site is not intended for use by children. No one under eighteen (18) years of age is allowed to use the Site, provide any Personal Information or receive our email distributions. We do not knowingly solicit or collect Personal Information from anyone under eighteen (18) years of age. If you believe that a minor has disclosed personally identifiable information to Landed, please report this to us immediately by contacting us at firstname.lastname@example.org.
11. English Language
All disputes, claims and causes of action (and related proceedings) will be communicated in English.
12. Contact Us