1. Introduction and Acceptance of Terms
These Terms of Use (“Terms”) govern your access to and use of the LandTeller platform
(“Platform”), including any associated mobile applications, websites, and services provided by Koliso Inc. (“Company,” “we,” or “us”).
By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree to these Terms, do not access or use the Platform. We reserve the right to modify these Terms at any time. Your continued use of the Platform following the posting of revised Terms means you accept those changes.
2. User Registration and Account Security
2.1 Account Creation
To access certain features of the Platform, you must register for an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.
2.2 Account Security
You are responsible for:
Maintaining the confidentiality of your account credentials
All activities that occur under your account
Immediately notifying us of any unauthorized use of your account
3. License to Use the Platform and Intellectual Property Rights
3.1 Limited License
Subject to these Terms, we grant you a limited, non-exclusive, non transferable, non-sublicensable license to access and use the Platform for your internal business purposes.
3.2 Intellectual Property
All content, features, and functionality of the Platform, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, software, and the compilation thereof, are owned by the Company, its licensors, or other providers and are protected by copyright, trademark, and other intellectual property laws.
3.3 Feedback
Any feedback, suggestions, or ideas you provide regarding the Platform may be used by us without any obligation to compensate you.
4. User Restrictions and Prohibited Activities
You agree not to:
Use the Platform in any way that violates applicable laws or regulations
Attempt to gain unauthorized access to the Platform or related systems
Interfere with or disrupt the Platform or servers or networks connected to the Platform
Use any data mining, robots, or similar data gathering or extraction methods
Reverse engineer, decompile, or disassemble any portion of the Platform
Use the Platform to transmit any malicious code or interfere with its functionality
Use the Platform to collect or harvest any personally identifiable information
Impersonate any person or entity or falsely state your affiliation with a person or entity
5. Content Ownership and Licenses
5.1 Your Content
You retain all rights to any content you submit, post, or display on or through the Platform (“User Content”). By providing User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, and distribute such User Content in connection with providing and improving the Platform.
5.2 Platform-Generated Content
Reports, analytics, and other materials generated by the Platform using your data (“Generated Content”) are owned by the Company, though you retain rights to the underlying data you provided.
6. Representations and Warranties
6.1 Your Representations
You represent and warrant that:
You have the legal right to use the Platform
Your User Content does not violate any third-party rights
You will use the Platform in compliance with all applicable laws and regulations
6.2 Disclaimer of Warranties
THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT
WARRANTIES OF ANY KIND. We disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
We do not warrant that:
The Platform will meet your requirements
The Platform will be uninterrupted, timely, secure, or error-free
The results from the use of the Platform will be accurate or reliable
Any errors in the Platform will be corrected
7. Limitation of Liability and Indemnification
7.1 Limitation of Liability
IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES,
INCLUDING LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES,
WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR
OTHERWISE.
Our total liability for any claim arising out of or relating to these Terms or the Platform shall not exceed the greater of $100 or the amount you paid us to use the Platform during the 12 months preceding the claim.
7.2 Indemnification
You agree to indemnify, defend, and hold harmless the Company and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising from:
Your use of the Platform
Your User Content
Your violation of these Terms
Your violation of any rights of another
8. Termination
8.1 Termination by You
You may terminate your account at any time by following the instructions on the Platform or by contacting us.
8.2 Termination by Us
We may terminate or suspend your account and access to the Platform immediately, without prior notice or liability, for any reason, including if you breach these Terms.
8.3 Effect of Termination
Upon termination, your right to use the Platform will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
9. Governing Law and Dispute Resolution
9.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to its conflict of law provisions.
9.2 Dispute Resolution
Any dispute arising from these Terms or the Platform shall be resolved through binding arbitration conducted in North Carolina in accordance with the rules of the American Arbitration Association. The parties are responsible for their own attorney’s fees and their costs of arbitration. The arbitration shall be conducted on an individual basis without resort to any form of class action.
9.3 Exceptions
Nothing in this section prevents us from seeking injunctive or other equitable relief in any court of competent jurisdiction.
10. Miscellaneous Provisions
10.1 Entire Agreement
These Terms constitute the entire agreement between you and the Company regarding the Platform and supersede all prior agreements and understandings.
10.2 Severability
If any provision of these Terms is found to be unenforceable, that provision shall be enforced to the maximum extent possible, and the remaining provisions shall remain in full force and effect.
10.3 No Waiver
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
10.4 Assignment
You may not assign these Terms without our prior written consent, but we may assign these Terms without restriction.
10.5 Contact Information
For questions about these Terms, please contact us at:
dougpark@parklegalpc.com