Welcome to the Land and Carbon website (“Website”), operated by Land and Carbon. Please review these Terms and Conditions of Use (“Terms” or “Terms of Use”) carefully before using the Website. Land Carbon maintains the Website as a service to our actual and prospective clients and customers, and others interested in Land and Carbon.
These Terms of Use apply to all persons and entities who access or use the Website. By accessing or using the Website, you acknowledge and agree to the Terms and to comply with and be bound by the Terms.
If you do not agree to these terms and conditions, do not use the Website. Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms.
1. Agreement. This Terms and Conditions of Use agreement ("Agreement") specifies the Terms for access to and use of the Service and describes the Terms applicable to your access to and use of the Website. This Agreement may be modified at any time by Land and Carbon upon posting of the modified Agreement. Any such modifications shall be effective immediately. You can view the most recent version of these Terms at any time at landandcarbon.com Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement as modified and effective as of the date of your access and use.
2. Privacy. Your visit to our site is governed by and subject to our Privacy Policy. Please review our Privacy Policy at landandcarbon.com.
3. Ownership and Intellectual Property Rights. The Website, and all features, functionality, and content on the Website (“Content”), other than Your Content and Other Content described respectively in Paragraphs 5 and 6 below, are owned by, and shall remain the exclusive intellectual property and/or other property of Land and Carbon. Land and Carbon has intellectual property rights and other proprietary rights and interests in the Content, and such rights and interests are protected under copyright, patent, trademark, service mark, trade secret and other proprietary and intellectual property rights. The services that are provided by the Website (“Services”) and any necessary software used in connection with the Website and/or such Services ("Software") are or contain proprietary or intellectual property to which Land and Carbon and/or its licensors have rights, title and interests, and are protected by intellectual property rights, proprietary rights, other rights and interests, and/or other laws. No ownership, title, license, proprietary rights, intellectual property rights and/or other interests in, to, or of the Website, Content, Services, or Software are granted, provided, assigned, or transferred to you, and you do not acquire any such rights or interest by or through your access to or use of the Website, Content, Services, or Software or otherwise. You agree not to modify, rent, lease, license, loan, display, sell, transfer, grant, assign, distribute, use, make or create derivative works from, copy, redistribute, publish, or infringe upon any and all of the aforementioned proprietary or intellectual property and intellectual property rights or other rights and interests thereto, and/or the registered trademarks, trademarks, service marks, logos, and copyrighted works described in Paragraph 4 below, and all such actions and acts are expressly prohibited, unless expressly agreed and authorized in writing by Land and Carbon in a separate written agreement entered into by and between you and Land and Carbon.
4. Trademarks. Any Land and Carbon and/or Website logo, trademark, service mark, and copyrighted works are owned by and/or are the property of Land and Carbon. Any logo, trademark, service mark and copyrighted works of any supplier to the Website of Content Supplier Property are the property of such supplier. Land and Carbon and such supplier retain their respective proprietary and intellectual property rights and other rights and interests in and to their respective registered trademarks, trademarks, service marks, logos, and copyrighted works. No such rights or interests are granted, assigned, or otherwise transferred to you by your access to and use of the Website or otherwise.
5. Your Content. The Website allows you to post, link, store, share and otherwise make available (“Post”) certain information, text, graphics, videos, works, or other material ("Your Content"). You are responsible for Your Content that you Post on or through the Website, including its legality, reliability, and appropriateness. By Posting Your Content on or through the Website, you represent and warrant that: (i) Your Content is yours (you own it) or you otherwise have the necessary rights to use and Post it and (ii) the Posting of Your Content on or through the Website does not violate or infringe upon the privacy rights, personal information rights, publicity rights, copyrights, trademarks, patents, or any other intellectual property rights, contract rights, or other rights of any person or entity. We reserve the right to terminate the account and access to or use of the Website of anyone found to be violating or infringing upon such rights.
6. Other Content. Persons or entities other than Land and Carbon (“Other Content Supplier”) may Post or otherwise supply certain information, text, graphics, videos, works or other material to or for the Website (“Other Content”). By Posting or otherwise supplying Other Content, each Other Content Supplier represents and warrants that: (i) Other Content Supplier owns such Other Content or otherwise has the necessary rights to use, Post or otherwise supply such Other Content; and (ii) the Posting of such Other Content on or through the Website does not violate or infringe upon the privacy rights, personal information right. publicity rights, copyrights, trademarks, patents, or any other intellectual property rights, contract rights, or other rights of any person or entity. We reserve the right to remove Other Content and terminate the account, if any, and access to or use of the Website of any Other Content Supplier found to be violating or infringing upon such rights.
7. Your Account and Password. When you create an account with us, you must provide us with true, accurate, complete, and up-to-date information. Failure to do so constitutes a breach of this Agreement, which may result in immediate termination of your account and your use of the Website. You are responsible for safeguarding the password that you use to access the Website and for any activities or actions under your password, whether your password is with our Website or a third-party service. You agree not to disclose your password to any third-party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
8. Other websites. The Website may contain links or connections to, information regarding, or contacts for third-party websites or services that are not owned or operated by Land & Carbon and to which Land and Carbon does not have rights. Land & Carbon has no control over and assumes no responsibility for such third-party websites and services, and the content, information, privacy policies, terms of use or conditions, goods, services, or practices on or provided by such third-party websites or services. LAND AND CARBON EXPRESSLY PROVIDES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH THIRD-PARTY WEBSITES AND SERVICES AND THE FOREGOING ITEMS IN THIS PARAGRAPH 8. Land & Carbon is not responsible, assumes no liability, and shall not be liable, directly or indirectly, for any damage, loss, fees, awards, costs or expenses, including attorneys’ fees, caused or alleged to be arising from or related to the use of or reliance on any such third-party websites and services, and the content, information, privacy policies, terms of use or conditions, practices, goods or services on or provided by such third-party web sites.
9. Site Use. You agree not to attempt to or reverse engineer, “hack,” or break into the Website, or use the Website, Content, Services and Software, and any other products, data or services, information, texts, graphics, videos, or other material on or provided by or in connection with the Website in violation of any law. Your use of the Website is at the sole discretion of Land and Carbon and Land and Carbon may terminate your account and use of the Website at any time.
10. Compliance with Laws. You agree to comply with all applicable laws and regulation relating to your access to and use of the Website, and that any information you provide for access to or use of the Website is truthful and accurate to the best of your knowledge.
11. Indemnification. You agree to indemnify and hold the Website and Land and Carbon, its affiliates, licensors, Content suppliers, service providers, employees, agents, officers, directors, advisors, collaborators, consultants and contractors (the “Indemnified Parties”) harmless from any and all claims, loss, demands, causes of actions, liabilities, damages, awards, fees, costs and expenses, including reasonable attorneys’ fees (“Claims and Liabilities”), arising out or related to a breach of this Agreement or any unauthorized access to or use of the Website, Content, Services or Software by you. You agree that the Indemnified Parties have no liability arising out of or related to such breach or unauthorized access or use, and to release the Indemnified Parties from any such liability. You also agree to indemnify and hold the Indemnified Parties harmless from and against any Claims and Liabilities brought or sought by third parties arising out of or related to your access to or use of the Website, Content, Services or Software.
12. Disclaimer. ALL INFORMATION ON THE WEBSITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. LAND AND CARBON AND THE WEBSITE DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY ARISING FROM OR RELATING TO YOUR ACCESS TO OR USE OF THE WEBSITE SHALL BE TO CEASE AND DISCONTINUE YOUR USE OF THE SITE.
13. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL THE WEBSITE OR LAND AND CARBON, ITS AFFILIATES, COLLABORATORS, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, ADVISORS, CONTRACTORS, CONSULTANTS, OFFICERS, AND DIRECTORS BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, GOODWILL, OR OTHER INTANGIBLE LOSSES), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR RELATING TO THE WEBSITE OR YOUR ACCESS TO OR USE OF THE WEBSITE, THE CONTENT, SERVICES, OR SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY ARISING FROM OR RELATING TO YOUR ACCESS TO OR USE OF THE WEBSITE, CONTENT, SERVICES, OR SOFTWARE, AND FOR ANY CLAIMS AND LIABILITIES OR DISSATISFACTION ARISING THEREFROM, IS TO CEASE AND DISCONTINUE YOUR USE OF THE SITE. You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion limitation of implied warranties, or the exclusion or limitation of certain damages. If these laws are applicable to you, only the specific exclusion or limitation in this Agreement that directly conflicts with and is prohibited by such laws may not apply to you, and if adjudged by any court of competent jurisdiction to be unenforceable or invalid, such limitation or exclusion shall be limited or eliminated to the minimum extent necessary so that this Agreement, including all other exclusions and limitations, will otherwise remain in full force and effect.
14. Use of Information. Land and Carbon reserves the right, and you authorize us, to use and assign all information regarding your uses of the Website and all information provided by you in any manner not inconsistent with our Privacy Policy.
15. Copyrights and Copyright Agent. If you believe your work has been copied and made available on the Website in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all the following information to Land and Carbon’s copyright agent below:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) A description of the copyrighted work or intellectual property interest that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Site;
(d) Your address, telephone number, and e-mail address;
(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
(f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on such owner’s behalf.
Our copyright agent for Notice of claims of copyright infringement on the Website is Robert Lawrence who can be reached as follows:
By Mail: P.O. Box 1138, Minturn, CO 81645
By Phone: (303) 478-2756
By E-mail: rwinstonlaw@gmail.com
16. Governing Law. You agree that the laws of the state of Delaware, without regard to conflicts of laws provisions, will govern this Agreement and/or the Terms and any dispute arising under this Agreement and/or the Terms between you on the one hand and Land and Carbon and/or the Indemnified Parties on the other.
17. Intended Audience. This website is intended only for adults and is not intended for minors.
18. Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
19. Waiver. The failure of Land and Carbon to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Land and Carbon must be in writing and signed by an authorized representative of Land and Carbon.20. Termination. Land and Carbon may terminate this Agreement at any time, with or without notice, for any reason.
21. Relationship of the Parties. Nothing contained in this Agreement or your access to or use of the Website creates or be construed to constitute a partnership, joint venture, employment, or agency relationship between you and Land and Carbon. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party.
22. Entire Agreement. This Agreement constitutes the entire agreement between you on the one hand and Land and Carbon and the Website on the other and governs the Terms of your access to and use of the Website, Content, Services and Software. This Agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Land and Carbon and the Website with respect thereto. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies and notices (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the Website.
23. Modifications. Land and Carbon may revise, modify, or amend this Agreement and its Terms at any time by updating this Agreement and posting it on the Site. Accordingly, you should visit the Website and review this Agreement periodically to determine if any such changes have been made. Your continued access to or use of the Website after any such changes have been made signifies and confirms your acceptance of agreement to any such changes to the Agreement and its Terms.
24. Contact Information.
support@landandcarbon.com